The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012

JurisdictionScotland
CitationSSI 2012/132

2012 No. 132

Mental Health

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012

Made 26th April 2012

Laid before the Scottish Parliament 30th April 2012

Coming into force 1st June 2012

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 20031and all other powers enabling them to do so.

In accordance with section 44(2) of, and paragraph 24(1) of Schedule 7 to, the Tribunals, Courts and Enforcement Act 20072, they have consulted the Administrative Justice and Tribunals Council and its Scottish Committee.

S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2012 and come into force on 1st June 2012.

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

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

2. For rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 20053substitute—

S-58

Power to decide a case without a hearing

58.—(1) The Tribunal may decide the case without a hearing where the following conditions are met—

(a)

(a) the Tribunal considers that, having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it to come to a decision without a hearing;

(b)

(b) to do so will not, in the view of the Tribunal, be contrary to the interests of the patient;

(c)

(c) the Tribunal has, as soon as reasonably practicable, given notice to those persons who require to be afforded the opportunity of making representations or of leading or producing evidence of its proposal to dispense with oral representations and oral evidence;

(d)

(d) the patient has not applied for oral representations or oral evidence to be heard;

(e)

(e) no other person notified under sub-paragraph (c) has, in the opinion of the Tribunal, shown cause why oral representations or oral evidence should be heard; and

(f)

(f) no application from a person who appears to the Tribunal to have an interest in the proceedings has, in the opinion of the Tribunal, shown cause why oral representations or oral evidence should be heard.

(2) The notice referred to in...

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