The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015

Cited asSSI 2015/334
JurisdictionScotland

2015No. 334

MENTAL HEALTH

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015

15thSeptember2015

17thSeptember2015

16thNovember2015

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

Citation, commencement and interpretation

1.-(1) These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 and come into force on 16th November 2015.

(2) In these Rules, "the principal Rules" means the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005( 2).

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

2.-(1) The principal Rules are amended as follows.

(2) In rule 2(1) (interpretation), in the definition of "party"( 3)-

(a) immediately after paragraph (e) omit "and"; and(b) for paragraph (f) substitute-"(f) the Scottish Ministers in any proceedings which relate to a relevant patient; and(g) the relevant Health Board in any proceedings under sections 264 to 271 of the Act;".

(3) For the cross heading to rule 17A substitute "Application that detention in hospital is in conditions of excessive security".

(4) In rule 17A-

(a) for paragraph (1) substitute-"(1) An application to the Tribunal for an order under-(a) section 264(2) of the Act (detention in conditions of excessive security: state hospitals); or(b) section 268(2) of the Act (detention in conditions of excessive security: hospitals other than state hospitals),

must be made in writing.";

(b) in paragraph (4)(e) omit "state";(c) in paragraph (5)(c), after "264(2)" insert "or 268(2)";(d) for paragraph (6) substitute-"(6) A person sent notice by the Clerk in accordance with paragraph (4) who wishes to-(a) make representations (orally or in writing); or(b) lead or produce evidence,

in relation to the application, must send a notice of response to the Tribunal within 21 days of the notice from the Clerk being received by the person or within such other period as may be specified in the notice from the Clerk.".

(5) After rule 17A insert-

"Application that detention in hospital is in conditions of excessive security: medical report

17AA.

-(1) The report accompanying an application for an order under section 264(2) or 268(2) of the Act must (in addition to providing the information required by section 264(7A) or, as the case may be, 268(7A) of the Act) state-(a) the name of the approved medical practitioner who prepared it; and(b) in which list compiled and maintained under section 22(1) of the Act the practitioner is included.(2) In paragraph (1) "report" means the report...

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