# The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017, Article 3: Ability to act if no named person


(1) In rule 2 (interpretation)—
(a) in paragraph (a) of the definition of “party”, at the end insert “except a person who initiated them by virtue of a provision giving a listed initiator authority to act”;
(b) after paragraph (1) insert—
“(1A) The “listed initiator requirement” is that the application or appeal is accompanied by—
(a) a written statement by an approved medical practitioner confirming that in the opinion of that practitioner the patient is incapable in relation to a decision as to whether to initiate an application or appeal; and
(b) a written statement from the person making the application or appeal stating—
(i) that the patient has attained the age of 16 years and has no named person;
(ii) which of the categories of person who may initiate the appeal or application by virtue of the provision giving a listed initiator authority to act the person falls within; and
(iii) that the patient has not made a written declaration which precludes the person from initiating the appeal or application by virtue of that provision.
(1B) A reference in these Rules to a provision giving a listed initiator authority to act is a reference to—
(a) section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;
(b) regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008; and
(c) regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005.”.

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Source: https://www.legislation.gov.uk/ssi/2017/172/article/3 (the official version)
Page: https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-amendment-rules-2017/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.