Article 55 Curator ad litem
Scotland
Where the circumstances in paragraph (2) apply, a curator ad litem may be appointed by the Tribunal or a Convener.
Those circumstances are–
that the patient does not have the capacity to instruct a solicitor to represent the patient's interests in proceedings before the Tribunal;
an application or appeal has been initiated by virtue of a provision giving a listed initiator authority to act;
that where the Tribunal or a Convener has made a decision not to disclose a document or report or part of it to the patient under rule 47, and the patient does not have a representative to represent their interests; or
that the patient has been excluded from any hearing or part of it under rule 68 or 69 and the patient does not have a representative to represent their interests.
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The Tribunal shall provide all necessary information to a curator ad litem appointed to enable the curator ad litem to represent the patient's interests in proceedings before the Tribunal.
Annotations
Textual amendments
- F1
Rule 55(2)(aa) 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, 6(a)
- F2
Rule 55(3)(4) omitted (30.6.2017) by virtue of The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 (S.S.I. 2017/172), rules 1, 6(b)