Explanatory note

The Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) establishes the Mental Health Tribunal for Scotland “the Tribunal”. These Regulations provide that particular documents must accompany certain types of application to the Tribunal and for reports that the Tribunal may itself require to be prepared and submitted to it in connection with certain applications or a particular determination.

Regulations 2, 3 and 4 prescribe the documents which are to accompany applications to the Tribunal by a patient’s responsible medical officer under sections 149, 158 and 161 of the Act.

Regulation 5 prescribes the reports which the Tribunal may require the mental health officer and the patient’s responsible medical officer to prepare and submit when it is considering an application by the responsible medical officer under section 149 of the Act.

Regulation 6 and 7 prescribe the reports which the Tribunal may require the mental health officer to prepare and submit when it is considering an application by the patient’s responsible medical officer under section 158 or 161 of the Act.

Regulation 8 prescribes the reports which the Tribunal may require the mental health officer and the patient’s responsible medical officer to prepare and submit when it is considering an application by the responsible medical officer under section 163 or 164 of the Act.

Regulation 9 prescribes the reports which the Tribunal may require the mental health officer and the patient’s responsible medical officer to prepare and submit when it is reviewing under section 165 a determination made under section 152 of the Act.