Commentary on Sections Part 10 - Compulsion Orders and Restriction Orders Scottish Ministers’ duty to keep orders under review Section 188: duty of Scottish Ministers to keep compulsion order and restriction order under review
337.Section 188 provides that the Scottish Ministers are under a duty to keep the compulsion order and restriction order to which the patient is subject under review by considering the matters set out in subsection (2). Subsections (3) to (7) set out the series of tests that the Scottish Ministers must apply when reviewing a compulsion order and restriction order.
338.Depending on their views, the Scottish Ministers may be required to apply to the Tribunal to have the compulsion order revoked, to have the restriction order revoked, to have the compulsion order varied or to have the patient conditionally discharged.