Part 11Hospital directions and transfer for treatment directions

Reference to Tribunal by Scottish Ministers

209Commission’s power to require Scottish Ministers to make reference to Tribunal

1

This section applies where a patient is subject to—

a

a hospital direction; or

b

a transfer for treatment direction.

2

If it appears to the Commission that it is appropriate to do so, it may, by notice in writing to the Scottish Ministers, require them to make a reference to the Tribunal in respect of the direction to which the patient is subject.

3

Where, under subsection (2), the Commission gives notice to the Scottish Ministers, the Commission shall include in that notice its reasons for requiring the Scottish Ministers to make the reference.