Scottish Ministers v MHTS, re NG and PF  CSIH 33
The Mental Health Tribunal for Scotland has no power to vary the conditions of a patient who had been conditionally discharged, as the power to set conditions only arises at the time of discharge.
The power to vary conditions lies with the Scottish Ministers, although an appeal can then be made to the Tribunal.
The Tribunals in England and Wales do have the power to vary conditions: see MHA 1983 s75.
Date: 6 May 2009
Before: Lord Clarke, Lord Mackay of Drumadoon, Lord Philip