Explanatory note

These Rules amend the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2025 (“the rules of procedure”) in consequence of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the 2024 Act”).

Rule 2(3) inserts rule 43A into the rules of procedure. This sets out the procedure to be followed when a party raises a compatibility question as defined in section 31 of the 2024 Act. This includes how a compatibility question should be raised, intimated to the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights (“the relevant authorities”) in accordance with section 34(1) of the 2024 Act, and how the relevant authorities may subsequently intervene in any proceedings that relate to a compatibility question in accordance with section 34(2) of the 2024 Act.

Rule 2(4) inserts rule 72A into the rules of procedure. This sets out the procedure to be followed when the Mental Health Tribunal for Scotland refers a compatibility question to the Inner House of the Court of Session for determination, in accordance with section 35(2) of the 2024 Act.