The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017

JurisdictionScotland
CitationSSI 2017/172

2017No. 172

MENTAL HEALTH

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017

Made30thMay2017

Laid before the Scottish Parliament1stJune2017

Coming into force30thJune2017

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 21(4) and 326( 1) and paragraph 10 of schedule 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003( 2) and all other powers enabling them to do so.

Citation and commencement

1. These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 and come into force on 30th June 2017.

Amendment of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

2. The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005( 3) are amended in accordance with rules 3 to 7.

Ability to act if no named person

3.—(1) In rule 2 (interpretation)—

(a) in paragraph (a) of the definition of “party”, at the end insert “except a person who initiated them by virtue of a provision giving a listed initiator authority to act( 4)”;

(b) after paragraph (1) insert—

“(1A) The “listed initiator requirement” is that the application or appeal is accompanied by—

(a) a written statement by an approved medical practitioner confirming that in the opinion of that practitioner the patient is incapable in relation to a decision as to whether to initiate an application or appeal; and

(b) a written statement from the person making the application or appeal stating—

(i) that the patient has attained the age of 16 years and has no named person;

(ii) which of the categories of person who may initiate the appeal or application by virtue of the provision giving a listed initiator authority to act the person falls within; and

(iii) that the patient has not made a written declaration which precludes the person from initiating the appeal or application by virtue of that provision.

(1B) A reference in these Rules to a provision giving a listed initiator authority to act is a reference to—

(a) section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;

(b) regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008( 5); and

(c) regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005( 6).”.

Listed initiator requirement

4.—(1) After paragraph (2) in rules 5, 10, 11, 13, 15, 16 and 17A( 7) insert—

“(2A) Where an application is made by virtue of a provision giving a listed initiator authority to act...

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