# The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005, Article 17B: Hearings under section 265(2) or 269(2) of the Act


(1) This rule applies where a hearing is to be held in accordance with section 265(2) or 269(2) of the Act.
(2) The Clerk must send notice of the hearing to the persons mentioned in rule 17A(4) within 7 days of the end of the period specified in the order made under section 264(2) or 268(2) of the Act.
(3) The date fixed for the hearing must, where practicable, be not more than 21 days after the end of the period specified in the order made under section 264(2) or, as the case may be, 268(2) of the Act.
(4) A notice under paragraph (2) must inform the recipient—
(a) of the name of the patient concerned;
(b) of the date, time and place of the hearing;
(c) of the section of the Act in accordance with which the hearing is to be held;
(d) that the recipient is being afforded the opportunity of—
(i) making representations (orally or in writing); and
(ii) leading and producing evidence,
in relation to the hearing under section 265(2) or, as the case may be, 269(2) of the Act.
(e) that if the recipient wishes to take the opportunity of doing one or more of the things mentioned in sub-paragraph (d), the recipient must send the Tribunal a notice of response in accordance with paragraph (5).
(5) A person sent notice by the Clerk in accordance with paragraph (2) who wishes to–
(a) make representations (orally or in writing); or
(b) lead or produce evidence,
in relation to the hearing, must send a notice of response to the Tribunal within 7 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.
(6) The Clerk must send a copy of any notice of response received to each party.

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Source: https://www.legislation.gov.uk/ssi/2005/519/article/17B (the official version)
Page: https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-17B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.