{
  "url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-72",
  "json_url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-72.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/72",
  "kind": "article",
  "number": "72",
  "heading": "Decision of the Tribunal",
  "text": "(1) A decision of the Tribunal may be given at the end of the hearing or reserved.\n(2) The decision shall be signed by the Convener and dated.\n(3) The Tribunal shall, as soon as reasonably practicable, send notice of the decision to the parties , the patient’s mental health officer (if they are not a party to the proceedings), the patient’s responsible medical officer (if they are not a party to the proceedings) and such other relevant person as the Tribunal may direct.\n(4) Information in such form as the President may approve, shall be sent with the notice referred to in paragraph (3), explaining any right of appeal against the Tribunal's decision under sections 320 and 322 of the Act, including any time limits which may apply.\n(5) Where a decision has been made by the Tribunal, whether at a hearing or otherwise, the Clerk shall, within 21 days of the date on which the decision is signed by the Convener, send a copy of the decision to the Commission and where the case was remitted to the Tribunal by a court, to that court.\n(5A) Paragraph 5B applies to decisions made by the Tribunal in relation to applications or references under sections 50(1), 63(1), 92, 95, 98(2), 99(1), 100(2), 120(2), 149, 158, 161, 162(2), 163(1), 164(2), 164A(2), 185(1), 187(2), 189(2), 191, 192(2), 210(3), 211(2), 213(2), 214(2), 255(4), (6) and (7), 256(1), 264(2), 267(2), 268(2), 271(2) and 291(2) of the Act but does not apply in relation to any such applications which are not granted by the Tribunal.\n(5B) Where a copy of a decision is sent to the Commission under paragraph (5) the Clerk shall at the same time send to the Commission a copy of:–\n(a) the application or reference (as the case may be); and\n(b) in the case of an application, any mental health report that is required under the Act to accompany that application.\n(6) Other than where a decision is made at the end of the hearing, a decision shall be treated as having been made on the date on which a copy of the document mentioned in sub-paragraph (7) is sent to the parties.\n(7) The Tribunal shall record the decision in a document which contains a full statement of the facts found by the Tribunal and the reasons for the decision.\n(8) Clerical mistakes or errors arising from an accidental slip or omission in the document referred to in paragraph (7), may at any time be corrected by the Convener by certificate in writing.\n(9) If a document is corrected by certificate under paragraph (8), or if a decision is altered in any way by order of an appellate court, the Clerk shall send a notice to each of the parties and to the Commission advising of that change.\n(10) Where this rule requires a document to be signed by the Convener, but the Convener is unable, by reason of death or incapacity to sign it, the document shall be signed by the other members of the tribunal, whom failing the President, who shall certify that the Convener is unable to sign.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 72(3) 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, 7(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 72(5) substituted (20.12.2008) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2008 (S.S.I. 2008/396), rules 1, 2(6)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Rule 72(5A)(5B) inserted (20.12.2008) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2008 (S.S.I. 2008/396), rules 1, 2(7)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in rule 72(5A) 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, 6"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in rule 72(6) substituted (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, 7(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/519/article/72",
    "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."
}