The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/246 |
| Year | 2020 |
2020 No. 246
Mental Health
Rehabilitation Of Offenders
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020
Made 19th August 2020
Laid before the Scottish Parliament 21th August 2020
Coming into force 30th November 2020
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 20031and 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 20052are 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)
(h) the patient’s responsible medical officer in any proceedings in relation to an application under section 164A of the Act4;”.
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),”.
H YOUSAF
A member of the Scottish Government
St Andrew’s House,
Edinburgh
19th August 2020
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 when a conviction is considered “spent”. Whether a conviction is spent or not has implications for disclosure of that conviction in different contexts. Section 6 of the 1974 Act sets out the rules that apply to determine when a conviction becomes spent. These rules depend on the disclosure period applicable to the sentence(s) imposed in respect of the conviction.
Section 5G of the 1974 Act (inserted by section 26 of the 2019 Act) provides that the disclosure period...
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