Commentary on Sections Part 3 – the Mental Health Tribunal for Scotland Section 21: the Mental Health Tribunal for Scotland
35.This section introduces schedule 2 which along with this section makes provision concerning the Tribunal.
36.Subsections (1) and (2) establish the Tribunal. The Tribunal will act as an independent judicial body which will authorise compulsory treatment orders and deal with appeals against and reviews of compulsory treatment orders, short-term detention, compulsion orders and other mental health disposals affecting mentally disordered offenders. The Tribunal substantially replaces the role of the sheriff under previous mental health legislation.
37.The Scottish Ministers may make regulations in connection with the Tribunal (subsection (3)).
38.The composition of the Tribunal and its organisation and procedures are detailed in schedule 2 (see paragraphs 667 to 687 of these Notes). Appeals from the Tribunal to the sheriff principal and the Court of Session are dealt with in Part 22 (see paragraphs 633 to 645 of these Notes).