OpenLegislation

Article 17A Application that detention in hospital is in conditions of excessive securityF1F7

Scotland

(F21)

An application to the Tribunal for an order under—

(a)

section 264(2) of the Act (detention in conditions of excessive security: state hospitals); or

(b)

section 268(2) of the Act (detention in conditions of excessive security: hospitals other than state hospitals),

must be made in writing.

(2)

The application shall state–

(a)

the name and address of the applicant;

(b)

the name and address of the patient;

(c)

the name and address of the patient’s named person;

(d)

the address where the patient resided ordinarily immediately before the making of the order or direction by which their detention in hospital is authorised;

(e)

the order or direction under the authority of which the patient is detained in hospital, including, where the order is a compulsion order, whether or not the patient is subject to a restriction order; and

(f)

a brief statement of the reasons for the application.

(F32A)

Where an application is made by virtue of a provision giving a listed initiator authority to act, the listed initiator requirement must be complied with.

(3)

The applicant shall sign the application.

(4)

The Clerk shall send a notice of the application to the following persons:–

(a)

the patient;

(b)

the patient’s named person;

(c)

the relevant Health Board;

(d)

the patient’s responsible medical officer;

(e)

the managers of the F4... hospital in which the patient is detained;

(f)

the mental health officer;

(g)

any guardian of the patient;

(h)

any welfare attorney of the patient;

(i)

any curator ad litem appointed by the Tribunal in respect of the patient;

(j)

the Commission;

(k)

in the case of a relevant patient, the Scottish Ministers; and

(l)

any other person appearing to the Tribunal to have an interest in the application.

(5)

Notice under paragraph (4) shall inform the persons–

(a)

of the case number of the application (which must from then on be referred to in all correspondence relating to the application);

(b)

of the date, time and place of the hearing; and

(c)

that they are being afforded the opportunity–

(i)

of making representations (whether orally or in writing); and

(ii)

of leading, or producing, evidence,

in relation to the making of an order under section 264(2) F5or 268(2) of the Act.

(F66)

A person sent notice by the Clerk in accordance with paragraph (4) who wishes to—

(a)

make representations (orally or in writing); or

(b)

lead or produce evidence,

in relation to the application, must send a notice of response to the Tribunal within 21 days of the notice from the Clerk being received by the person or within such other period as may be specified in the notice from the Clerk.

(7)

The Clerk shall send a copy of each notice of response to each party.

Annotations

Textual amendments

F1

Rules 17A-17C inserted (1.5.2006) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2006 (S.S.I. 2006/171), rules 1, 2(3)

F2

Rule 17A(1) substituted (16.11.2015) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 (S.S.I. 2015/334), rules 1(1), 2(4)(a) (with rule 3)

F3

Rule 17A(2A) inserted (30.6.2017) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 (S.S.I. 2017/172), rules 1, 4(1)

F4

Word in rule 17A(4)(e) omitted (16.11.2015) by virtue of The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 (S.S.I. 2015/334), rules 1(1), 2(4)(b) (with rule 3)

F5

Words in rule 17A(5)(c) inserted (16.11.2015) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 (S.S.I. 2015/334), rules 1(1), 2(4)(c) (with rule 3)

F6

Rule 17A(6) substituted (16.11.2015) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 (S.S.I. 2015/334), rules 1(1), 2(4)(d) (with rule 3)

F7

Rule 17A heading substituted (16.11.2015) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015 (S.S.I. 2015/334), rules 1(1), 2(3) (with rule 3)