Rule 3.24.3 Intimation of applicationF1

(1)

The sheriff shall order intimation of an application to register an international measure–

(a)

except where the sheriff is satisfied that the person to whom the international measure relates had an opportunity to be heard in the country where that measure was taken, to that person;

(b)

which if registered would have the effect of placing the adult to whom the international measure relates in an establishment in Scotland, to the–

(i)

Scottish Central Authority; and

(ii)

Mental Welfare Commission;

(c)

to the Public Guardian; and

(d)

to any other person whom the sheriff considers appropriate.

(2)

In this rule–

(a)

“Scottish Central Authority” means an authority–

(i)

designated under Article 28 of the Convention for the purposes of acting as such; or

(ii)

appointed by the Scottish Ministers for the purposes of carrying out the functions to be carried out under schedule 3 of the Act by the Scottish Central Authority, where no authority is designated for the purposes of sub paragraph (i); and

(b)

“Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by F2section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Annotations

Textual amendments

F1: Ch. 3 Pt. 24 inserted (14.11.2003) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (International Protection of Adults) 2003 (S.S.I. 2003/556), paras. 1(1), 2(2)
F2: Words in rule 3.24.3(2)(b) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), art. 1, sch. para. 29(1)(b)