Rule 3.8.5 Appointment of curator ad litemI1

Scotland

(1)

Where two medical certificates are produced stating that it would be prejudicial to the health or treatment of the patient if personal service were effected in terms of rule 3.8.3(2) or 3.8.4(1) the sheriff–

(a)

may dispense with such service; and

(b)

if he does so, shall appoint a curator ad litem to receive the application and represent the interest of that patient.

(2)

The sheriff may appoint a curator ad litem to represent the interests of the patient where he is satisfied that–

(a)

the patient should be excluded from the whole or any part of the proceedings under section 113(2) of the Act; or

(b)

in any other case, it is in all the circumstances appropriate to do so.

(3)

The sheriff clerk shall serve the application on the curator ad litem by handing, or sending by first class recorded delivery service, to him a copy of the application and of the order appointing him as the curator.

Annotations

Commencement

I1: Rule 3.8.5 in force at 1.7.1999, see rule 1.1(1)