Commentary on Sections Reference to Tribunal by Scottish Ministers Section 210: duty of Scottish Ministers on receiving report from responsible medical officer
373.Section 210 provides that, where the Scottish Ministers receive a report from the responsible medical officer recommending that a hospital direction or a transfer for treatment direction be revoked, the Scottish Ministers must consider the matters in section 212(2)(a) to (c). The Scottish Ministers are under a duty to revoke where, having considered those matters, they are not satisfied that the patient has a mental disorder or they are satisfied that the patient is suffering from a mental disorder but are not satisfied that as a result of that disorder it is necessary, in order to protect any other person from serious harm, for the patient to be detained in hospital, whether or not for medical treatment, and they are not satisfied that the conditions listed in section 206(4)(b) and (c) continue to apply.
374.Subsection (3) provides that, where the Scottish Ministers decide not to revoke the direction, they must refer the case to the Tribunal. Notice of the reference must be given by the Scottish Ministers to the persons listed in subsection (4) and the reference must state the information set out in subsection (5). The notice must be given before the reference is made.
375.Subsection (6) makes equivalent provision for this section to that made by section 193(10) for that section.