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Mental Health (Care and Treatment) (Scotland) Act 2003

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This is the original version (as it was originally enacted).

166Powers of Tribunal on review under section 165
This section has no associated Explanatory Notes

(1)On the review of a determination under section 165 of this Act, the Tribunal may make an order under this section—

(a)revoking the determination;

(b)revoking both the determination and the compulsion order;

(c)confirming the determination; or

(d)confirming the determination and varying the compulsion order by modifying the measures specified in it.

(2)Before making a decision under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—

(a)of making representations (whether orally or in writing); and

(b)of leading, or producing, evidence.

(3)Those persons are—

(a)the patient;

(b)the patient’s named person;

(c)any guardian of the patient;

(d)any welfare attorney of the patient;

(e)the mental health officer;

(f)the patient’s responsible medical officer;

(g)the patient’s primary carer;

(h)any curator ad litem appointed in respect of the patient by the Tribunal; and

(i)any other person appearing to the Tribunal to have an interest in the determination.

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