In relation to this proposed draft instrument, the Committee agreed to note that:
the proposed order appears capable of remedying the incompatibility with Convention rights identified in X v Mental Health Tribunal for Scotland;
the proposed order goes beyond addressing the specific incompatibility identified by the Court, which concerned recorded matters in the context of Compulsion Orders, by extending the recorded matters framework to other types of forensic orders, but that this is permitted by the scope of the power in section 12 of the Convention Rights (Compliance) (Scotland) 2001 Act;
full technical scrutiny of the instrument will be carried out by the Committee when the finalised draft order is laid under the affirmative procedure; and
the incompatibility was identified in October 2022...