# The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005, Article 55: Curator ad litem

Extent: S

(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;
(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.
(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.

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Source: https://www.legislation.gov.uk/ssi/2005/519/article/55 (the official version)
Page: https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-55
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.