# The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005, Article 17C: Application under section 267 or 271 of the Act for recall of an order

Extent: S

(1) An application to the Tribunal under—
(a) section 267(2) of the Act for recall of an order made under section 264(2) or 265(3) of the Act; or
(b) section 271(2) of the Act for recall of an order made under section 268(2) or 269(3) of the Act,
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 order to which the application relates; and
(d) a brief statement of the reasons for the application.
(3) The applicant shall sign the application.
(4) The Clerk shall send a notice of the application to the persons mentioned in rule 17A(4).
(5) Notice under paragraph (4) shall inform the persons–
(a) of the date, time and place of the hearing; and
(b) 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 an application under section 267(2) for recall of an order made under section 264(2) or 265(3) of the Act, or under section 271(2) for recall of an order made under section 268(2) or 269(3) of the Act.
(6) If a person sent notice under paragraph (4) wishes to make representations (whether orally or in writing) or to lead, or produce, evidence, that person shall send a notice of response to the Tribunal within 21 days of receipt of the notice under that paragraph or within such other period specified in that notice.
(7) The Clerk shall send a copy of each notice of response to each party.

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