Article 3 Savings provision: applications or hearings in progress

(1)

Notwithstanding the amendment of the principal Rules by rule 2 and the repeal of section 266 of the Act by section 15(2) of the Mental Health (Scotland) Act 2015^f1, the principal Rules continue to apply on and after 16th November 2015 as they would have applied immediately before that date in relation to any relevant proceedings in connection with an application made before that date under section 264(2) of the Act.

(2)

In this rule, “relevant proceedings” means—

(a)

a hearing held in accordance with section 266(2) of the Act;

(b)

an application to the Tribunal under section 267(2) of the Act for recall of an order made under section 266(2) of the Act.

Annotations

Footnotes

f1: 2015 asp 9.