# The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005, Article 72A: Reference of compatibility question to the Court of Session


(1) If the Tribunal refers any compatibility question which arises in proceedings before it to the Inner House of the Court of Session for determination, it must intimate this in writing to all parties and the relevant authorities.
(2) The intimation in writing to relevant authorities under paragraph (1) who have not previously joined proceedings as a party must include—
(a) the details of the matters raised in the proceedings,
(b) the details of the compatibility question that has arisen,
(c) if known at the time of intimation, the position of each party to proceedings in respect of the compatibility question.
(3) The Tribunal must provide each relevant authority under paragraph (1) which has not previously joined proceedings as a party with all documents relevant to the consideration of the compatibility question.
(4) Where a relevant authority does not take part as a party to proceedings at first instance, that relevant authority is not precluded from taking part as a party in any subsequent reference to the Inner House of the Court of Session.

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Source: https://www.legislation.gov.uk/ssi/2005/519/article/72A (the official version)
Page: https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-no-2-rules-2005/article-72A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.