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The Sheriff Principal, having resumed consideration of the appeal, Refuses the appeal; Adheres to the decisions of the Mental Health Tribunal dated 23 April 2010 and 13 May 2010; Finds the appellant liable to the respondents in the expenses of the appeal as these might be taxed; Allows an account thereof to be given in and remits same, when lodged, to the auditor of court to tax and to report.
[1] This is an appeal under Section 320 of the Mental Health (Care and Treatment) ( Scotland ) Act 2003 (hereinafter "the Act"). Sections 57(1) and 60(1) are in the following terms:-
"Where subsections (2) to (5) below apply in relation to a patient, a mental health officer shall apply to the Tribunal under section 63 of this Act for a compulsory treatment order in respect of that patient.
(2) This subsection applies where two medical practitioners carry out medical examinations of the patient in accordance with the requirements of section 58 of this Act.
(3) This subsection applies where each of the medical practitioners who carries out a medical examination mentioned in subsection (2) above is satisfied -
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