# The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005, Article 2: Interpretation

Extent: S

(1) In these Rules—
“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;
“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 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–
(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;
(b)the patient to whom the proceedings relate;
(c)the named person of the patient to whom the proceedings relate;
(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; ...
(e)any person added as a party under rule 48; ...
(f) the Scottish Ministers in any proceedings which relate to a relevant patient; ...
(g)the relevant Health Board in any proceedings under sections 264 to 271 of the Act;and
(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;
“relevant authorities” means the Lord Advocate, the Commissioner for Children and Young People in Scotland or the Scottish Commission for Human Rights;
“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–
(a)a Saturday;
(b)a Sunday; or
(c)a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 .
(1A) The “listed initiator requirement” is that the application or appeal is accompanied by—
(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
(b) a written statement from the person making the application or appeal stating—
(i) that the patient has attained the age of 16 years and has no named person;
(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
(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.
(1B) A reference in these Rules to a provision giving a listed initiator authority to act is a reference to—
(a) section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;
(b) regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008; and
(c) regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005.
(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.
(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.

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