The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020

JurisdictionScotland
CitationSSI 2020/246

2020No. 246

MENTAL HEALTH

REHABILITATION OF OFFENDERS

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020

Made19thAugust2020

Laid before the Scottish Parliament21stAugust2020

Coming into force30thNovember2020

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 21(4) and 326 and paragraph 10 of schedule 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003( 1) 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 2020 and come into force on 30 November 2020.

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( 2) are amended in accordance with rules 3 to 6.

3. In rule 2(1) (interpretation)( 3), in the definition of “party”—

(a) at the end of paragraph (f), omit “and”,

(b) after paragraph (g), insert—

“and

(h) the patient's responsible medical officer in any proceedings in relation to an application under section 164A of the Act( 4);”.

4. In rule 13 (applications under certain sections)( 5)

(a) in the heading, after “section 164 of the Act” insert “, to end the disclosure period for a compulsion order under section 164A of the Act”,

(b) in paragraph (1), for “or for revocation and variation of a compulsion order under section 164 of the Act” substitute “, for revocation and variation of a compulsion order under section 164 of the Act or to end the disclosure period applicable to a compulsion order under section 164A of the Act”.

5. In rule 20(1) (withdrawal of application), after “164,” insert “164A,”.

6. In rule 72(5A)(a) (decision of the Tribunal)( 6), after “164(2),” insert “164A(2),”.

St Andrew's House,

Edinburgh

19th August 2020

H YOUSAF

A member of the Scottish Government

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (“the 2005 Rules”) to take into account amendments made by the Management of Offenders (Scotland) Act 2019 (“the 2019 Act”) to the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). These Rules come into force on 30 November 2020.

The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) sets out the rules as to...

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