{
  "url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-2",
  "json_url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-2.json",
  "legislation": "ssi/2005/519",
  "legislation_title": "The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005",
  "legislation_url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Rules—\n“the 2024 Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024;\n“the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;\n“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;\n“applicant” means a person who makes an application to the Tribunal under the Act;\n“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;\n“compatibility question” has the meaning given by section 31(1) of the 2024 Act;\n“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;\n“electronic communication” has the meaning given to it by section 15(1) of Electronic Communications Act 2000 and “electronic signature” has the same meaning as in section 7 of that Act;\n“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;\n“notice” means notice in writing;\n“the overriding objective” means the overriding objective described in rule 4;\n“party” means–\n(a)the person who initiated the proceedings before the Tribunal except a person who initiated them by virtue of a provision giving a listed initiator authority to act;\n(b)the patient to whom the proceedings relate;\n(c)the named person of the patient to whom the proceedings relate;\n(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; ...\n(e)any person added as a party under rule 48; ...\n(f) the Scottish Ministers in any proceedings which relate to a relevant patient; ...\n(g)the relevant Health Board in any proceedings under sections 264 to 271 of the Act;and\n(h)the patient’s responsible medical officer in any proceedings in relation to an application under section 164A of the Act;\n“patient” means the patient to whom the proceedings relate;\n“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;\n“President” means the President of the Tribunal;\n“referee” means a person who makes a reference to the Tribunal under the Act;\n“relevant authorities” means the Lord Advocate, the Commissioner for Children and Young People in Scotland or the Scottish Commission for Human Rights;\n“relevant Health Board” and “relevant patient” are to be interpreted in accordance with section 273 of the Act;\n“respondent” means the person who made the decision which is the subject of appeal under or by virtue of Part III of these Rules;\n“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\n“working day” means a day which is not–\n(a)a Saturday;\n(b)a Sunday; or\n(c)a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 .\n(1A) The “listed initiator requirement” is that the application or appeal is accompanied by—\n(a) a written statement by an approved medical practitioner confirming that in the opinion of that practitioner the patient is incapable in relation to a decision as to whether to initiate an application or appeal; and\n(b) a written statement from the person making the application or appeal stating—\n(i) that the patient has attained the age of 16 years and has no named person;\n(ii) which of the categories of person who may initiate the appeal or application by virtue of the provision giving a listed initiator authority to act the person falls within; and\n(iii) that the patient has not made a written declaration which precludes the person from initiating the appeal or application by virtue of that provision.\n(1B) A reference in these Rules to a provision giving a listed initiator authority to act is a reference to—\n(a) section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;\n(b) regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008; and\n(c) regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005.\n(2) Any reference in these Rules to a rule is a reference to a rule in these Rules, and in any rule a reference to a paragraph or sub paragraph is, unless otherwise expressly provided, a reference to a paragraph or sub paragraph in the rule.\n(3) Where the time specified by these Rules for doing any act ends on a Saturday, Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 that act is done in time if it is done on the next day which is not a Saturday, Sunday or bank holiday.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 2 inserted (1.4.2026) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2026 (S.S.I. 2026/35), rules 1, 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 2 inserted (1.4.2026) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2026 (S.S.I. 2026/35), rules 1, 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 2 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, 3(1)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in rule 2(1) omitted (1.5.2006) by virtue of The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2006 (S.S.I. 2006/171), rules 1, 2(2)(a)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in rule 2(1) 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(2)(a) (with rule 3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in rule 2(1) 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(2)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in rule 2(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(2)(b) (with rule 3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in rule 2(1) omitted (30.11.2020) by virtue of The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020 (S.S.I. 2020/246), rules 1, 3(a)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in rule 2(1) inserted (30.11.2020) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2020 (S.S.I. 2020/246), rules 1, 3(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in rule 2 inserted (1.4.2026) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2026 (S.S.I. 2026/35), rules 1, 2(2)(c)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in rule 2(1) 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(2)(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Rule 2(1A)(1B) 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, 3(1)(b)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "2000 c. 7."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1971 c. 80."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/519/article/2",
    "retrieved_at": "2026-10-28T22:23:39.485520+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}