Article 2 Interpretation

F1“the 2024 Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024;

“the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

“appellant” means a person who appeals to the Tribunal under or by virtue of any of the sections of the Act specified in Part III of these Rules;

“applicant” means a person who makes an application to the Tribunal under the Act;

“Clerk” means a member of staff of the Tribunal employed to carry out the administration of the Tribunal or to act as clerk at a hearing of the Tribunal;

F2“compatibility question” has the meaning given by section 31(1) of the 2024 Act;

“Convener” means the President or a person selected by the President from the panel mentioned in paragraph 1(1)(a) or 2 of schedule 2 to the Act;

“electronic communication” has the meaning given to it by section 15(1) of Electronic Communications Act 2000 M1 and “electronic signature” has the same meaning as in section 7 of that Act;

“hearing” means a sitting of the Tribunal for the purpose of enabling the Tribunal to take a decision on any matter relating to the case before it;

“notice” means notice in writing;

“the overriding objective” means the overriding objective described in rule 4;

“party” means–

1. (a)

   the person who initiated the proceedings before the Tribunal F3except a person who initiated them by virtue of a provision giving a listed initiator authority to act;

2. (b)

   the patient to whom the proceedings relate;

3. (c)

   the named person of the patient to whom the proceedings relate;

4. (d)

   any person whose decision (which shall include any direction or order, determination or grant of a certificate, but does not include a decision by a court) is the subject of the proceedings before the Tribunal; F4...

5. (e)

   any person added as a party under rule 48; F5F6...

6. (f)

   F7the Scottish Ministers in any proceedings which relate to a relevant patient; F8...

7. (g)

   the relevant Health Board in any proceedings under sections 264 to 271 of the Act;F9and

8. (h)

   the patient’s responsible medical officer in any proceedings in relation to an application under section 164A of the Act;

“patient” means the patient to whom the proceedings relate;

“relevant person” means any party and any other person who sends a notice of response under Part II, IV or V of these Rules indicating a wish to make representations or to lead or produce evidence;

“President” means the President of the Tribunal;

“referee” means a person who makes a reference to the Tribunal under the Act;

F10“relevant authorities” means the Lord Advocate, the Commissioner for Children and Young People in Scotland or the Scottish Commission for Human Rights;

F11“relevant Health Board” and “relevant patient” are to be interpreted in accordance with section 273 of the Act;

“respondent” means the person who made the decision which is the subject of appeal under or by virtue of Part III of these Rules;

“Tribunal” means the Mental Health Tribunal for Scotland and “tribunal” means a tribunal constituted under sub paragraph (1) of paragraph 7 of schedule 2 to the Act to discharge the functions of the Tribunal; and

“working day” means a day which is not–

1. (a)

   a Saturday;

2. (b)

   a Sunday; or

3. (c)

   a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M2.