Rule 3.16.5 Dispensing with service on adultF1

Where, in relation to any application or proceeding under or in pursuance of the 2000 Act, two medical certificates are produced stating that intimation of the application or other proceeding, or notification of any interlocutor relating to such application or other proceeding, would be likely to pose a serious risk to the health of the adult the sheriff may dispense with such intimation or notification.

Any medical certificates produced under paragraph (1) shall be prepared by medical practitioners independent of each other.

In any case where the incapacity of the adult is by reason of mental disorder, one of the two medical practitioners must be a medical practitioner approved for the purposes of F2section 22(4) of the 2003 Act as having special experience in the diagnosis or treatment of mental disorder.