The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

S.S.I. 2005/519 · Made 6 October 2005 · Extends to Scotland

Contents

1. Part I: INTRODUCTION
2. 1Citation and commencement
3. 2Interpretation
4. 3Scope of the Rules
5. 4The overriding objective
6. Part II: APPLICATIONS TO THE TRIBUNAL
7. Short-term detention
8. 5Application for revocation of short term detention certificate or extension certificate under section 50 of the Act
9. Compulsory treatment orders
10. 6Application for compulsory treatment order under section 63 of the Act
11. 7Application for interim compulsory treatment order under section 65 of the Act
12. 8Determination of application for compulsory treatment order where section 68 of the Act applies: special case
13. 9Application for extension and variation of compulsory treatment order under section 92 of the Act and variation of compulsory treatment order under section 95 of the Act
14. 10Application by patient etc. under section 99 of the Act for revocation of determination extending compulsory treatment order and for revocation or variation of a compulsory treatment order under section 100 of the Act
15. 11Application by patient etc. under section 120 of the Act for revocation of certificates under sections 114(2) and 115(2) of the Act
16. Compulsion orders
17. 12Application by responsible medical officer under sections 149, 158 and 161 of the Act
18. 13Application by patient etc. for revocation of determination extending compulsion order under section 163 of the Act, for revocation or variation of a compulsion order under section 164 of the Act , to end the disclosure period for a compulsion order under section 164A of the Act and under section 120 of the Act for revocation of a certificate under section 114(2) of the Act as applied with modifications by section 177 of the Act
19. compulsion orders and restriction orders
20. 14Application under section 191 of the Act by the Scottish Ministers for an order under section 193 of the Act
21. 15Application by patient etc. under section 192 of the Act for order under section 193 of the Act
22. Hospital directions and transfer for treatment directions
23. 16Application by patient and named person for revocation of hospital direction or transfer for treatment direction under section 214(2) of the Act
24. Named person
25. 17Application by mental health officer under section 255, and patient etc. under section 256, of the Act for appointment of named person
26. Detention in conditions of excessive security
27. 17AApplication that detention in hospital is in conditions of excessive security
28. 17AAApplication that detention in hospital is in conditions of excessive security: medical report
29. 17BHearings under section 265(2) or 269(2) of the Act
30. 17CApplication under section 267 or 271 of the Act for recall of an order
31. Informal patients
32. 18Application to Tribunal under section 291 of the Act in relation to unlawful detention
33. 19Notice of response under Part II
34. 20Withdrawal of application
35. 21Amendment of application or notice of response
36. Part III: APPEALS TO THE TRIBUNAL
37. 22Scope of this Part
38. 23Initiating appeals to the Tribunal
39. 24Notice of the appeal
40. 25Notice of response under Part III
41. 26Withdrawal of appeal
42. 27Withdrawal of opposition
43. 28Amendment of appeal or notice of response
44. Part IV: REFERENCES TO THE TRIBUNAL
45. 29Scope of this Part
46. 30Notice of reference
47. 31Notice of response
48. 32Withdrawal of notice of response
49. 33Amendment of reference or notice of response
50. Part V: REVIEWS
51. 34Scope of this Part
52. 35Notice of review
53. 36Notice of response
54. 37Withdrawal of notice of response
55. 38Amendment of notice of response
56. Part VI: CASES REMITTED TO THE TRIBUNAL
57. 39Scope of this Part
58. 40Application of these Rules
59. Part VII: GENERAL RULES
60. 41Scope of this Part
61. 42Disqualification
62. 43Interim or preliminary matters
63. 43ACompatibility question under the 2024 Act - raising, intimation and notice
64. 44Misconceived case
65. 45Lodging of documents etc.
66. 46Distribution of documents
67. 46ARequests to the Tribunal for non-disclosure of documents
68. 47Withholding documents or reports from disclosure at initiative of the Tribunal in exceptional circumstances
69. 48Additional parties and relevant persons
70. 49Directions
71. 50Varying or setting aside of directions
72. 51Failure to comply with directions
73. 52Other case management powers
74. 53Assistance to persons with communication difficulties
75. 54Representation
76. 55Curator ad litem
77. 56Notices
78. 57Alteration of hearing
79. 58Power to decide case without a hearing
80. Evidence
81. 59Production of documents etc.
82. 60Evidence of witnesses – general rule
83. 61Attendance of witnesses
84. 62Experts' reports
85. The hearing
86. 63Procedure
87. 64Absence of a member of the Tribunal
88. 65Adjournment of the hearing
89. 66Hearings in public or private
90. 67Publicity
91. 68Excluding persons from hearings in exceptional circumstances
92. 69Exclusion of persons disrupting hearing
93. 70Failure of a relevant person to attend
94. 71Inability to attend
95. 72Decision of the Tribunal
96. 72AReference of compatibility question to the Court of Session
97. 73Publication
98. Miscellaneous
99. 74Performance of the Tribunal's functions
100. 75Relief from failure to comply with the Rules
101. 76Signature of documents
102. 77Proof of documents
103. 78Method of delivering and receipt of notices and documents
104. 79Transfer of case
105. 80Transitional provision
106. 81Revocation
107. Signature
108. Explanatory note