Commentary on Sections Part 10 - Compulsion Orders and Restriction Orders Reference to Tribunal by Scottish Ministers Section 185: duty of Scottish Ministers on receiving report and recommendation from responsible medical officer
334.Where the responsible medical officer submits a report to the Scottish Ministers under section 183(2) or 184 which contains a recommendation (section 184 reports are submitted only where there is a recommendation by the responsible medical officer to change the orders applicable), the Scottish Ministers must refer the patient’s case to the Tribunal. Notice of the proposed reference must be given to the persons listed in subsection (2) before it is made. The reference must state the information set out in subsection (3).