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Article 55 Curator ad litem

Scotland

(1)

Where the circumstances in paragraph (2) apply, a curator ad litem may be appointed by the Tribunal or a Convener.

(2)

Those circumstances are–

(a)

that the patient does not have the capacity to instruct a solicitor to represent the patient's interests in proceedings before the Tribunal;

F1(aa)

an application or appeal has been initiated by virtue of a provision giving a listed initiator authority to act;

(b)

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

(c)

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.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

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)