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The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

Consolidated Text As Enacted Cited authorities 19 Cited in Amendments 10 Related
Vincent
JurisdictionScotland
CitationSSI 2005/519
  • These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 and shall come into force on 14th November 2005.
    • (1) In these Rules—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; andthat the patient has attained the age of 16 years and has no named person;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; andthat the patient has not made a written declaration which precludes the person from initiating the appeal or application by virtue of that provision.section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008; andregulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005.(2) Any reference in these Rules to a rule is a reference to a rule in these Rules, and in any rule a reference to a paragraph or sub paragraph is, unless otherwise expressly provided, a reference to a paragraph or sub paragraph in the rule.(3) Where the time specified by these Rules for doing any act ends on a Saturday, Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 that act is done in time if it is done on the next day which is not a Saturday, Sunday or bank holiday.
  • applications to the Tribunal;
  • references to the Tribunal;
  • appeals to the Tribunal;
  • reviews by the Tribunal; and
  • cases remitted to the Tribunal under section 324(5) (b) (ii) of the Act.
  • The overriding objective of these Rules is to secure that proceedings before the Tribunal are handled as fairly, expeditiously and efficiently as possible.
    • (1) An application to the Tribunal for revocation of a short term detention certificate under section 50 of the Act shall be made in writing.the name and address of the applicant;the name and address of the patient;the name and address of the patient's named person;the name and address of the hospital where the patient is detained; anda brief statement of the reasons for the application.(2A) Where an application is made by virtue of a provision giving a listed initiator authority to act, the listed initiator requirement must be complied with.(3) The applicant shall sign the application.(4) The Clerk shall send a copy of the application to the parties.(5) Upon receipt of the application the Clerk shall fix a hearing as soon as possible.the patient;the patient's named person;any guardian of the patient;any welfare attorney of the patient;the approved medical practitioner who granted the short term certificate;the mental health officer who was consulted under section 44(3) (c) of the Act;if the patient has a responsible medical officer, the responsible medical officer;any curator ad litem appointed in respect of the patient by the Tribunal; andany other person appearing to the Tribunal to have an interest in the application.of the case number of the application (which must from then on be referred to in all correspondence relating to the application) ;of making representations (whether orally or in writing) ; andof leading, or producing evidence;of the date, time and place of the hearing; andthat if they wish to make representations or lead or produce evidence, they must respond to the notice within the period specified in the notice.send a notice of response to the Tribunal; andsend to the Tribunal a copy of any documents the person intends to rely upon at the hearing.(9) The Clerk shall send a copy of each notice of response and any documents received under paragraph (8) to each party.(10) Where at the hearing on an application to which this rule applies the Tribunal does not decide the application, it shall fix a further hearing.any issues on which the Tribunal requires evidence;the nature of the evidence which the Tribunal requires to decide those issues;the way in which the evidence is to be led before the Tribunal;the exclusion of any evidence which is irrelevant, unnecessary or improperly obtained;the dates by which any documents or other evidence upon which any

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