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The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005

S.S.I. 2005/420 · Made 25 August 2005

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MENTAL HEALTH

Made 25th August 2005

Laid before the Scottish Parliament 29th August 2005

Coming into force 5th October 2005

The Scottish Ministers, in exercise of the powers conferred by paragraph 10 of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003f1 and after consultation with the Council on Tribunals and its Scottish Committee in accordance with section 8(1) and (3) of the Tribunals and Inquiries Act 1992f2, hereby make the following Rules:

Annotations to the whole text

Footnotes

f1

2003 asp 13.

f2

1992 c. 53.

Contents

  1. Part I: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Scope of the Rules
  5. 4The overriding objective
  6. Part II: APPLICATIONS TO THE TRIBUNAL
  7. Short-term detention
  8. 5Application for revocation of short-term detention certificate or extension certificate under section 50 of the Act
  9. Compulsory treatment orders
  10. 6Application for compulsory treatment order under section 63 of the Act
  11. 7Application for interim compulsory treatment order under section 65 of the Act
  12. 8Determination of application for compulsory treatment order where section 68 of the Act applies: special case
  13. 9Application for extension and variation of compulsory treatment order under section 92 of the Act and variation of compulsory treatment order under section 95 of the Act
  14. 10Application by patient etc. under section 99 of the Act for revocation of determination extending compulsory treatment order and for revocation or variation of a compulsory treatment order under section 100 of the Act
  15. 11Application by patient etc. under section 120 of the Act for revocation of certificates under sections 114(2) and 115(2) of the Act
  16. Compulsion orders
  17. 12Application by responsible medical officer under sections 149, 158 and 161 of the Act
  18. 13Application by patient etc. for revocation of determination extending compulsion order under section 163 of the Act, for revocation or variation of a compulsion order under section 164 of the Act and under section 120 of the Act for revocation of a certificate under section 114(2) of the Act as applied with modifications by section 177 of the Act
  19. Compulsion orders and restriction orders
  20. 14Application under section 191 of the Act by the Scottish Ministers for an order under section 193 of the Act
  21. 15Application by patient etc. under section 192 of the Act for order under section 193 of the Act
  22. Hospital directions and transfer for treatment directions
  23. 16Application by patient and named person for revocation of hospital direction or transfer for treatment direction under section 214(2) of the Act
  24. Named person
  25. 17Application by mental health officer under section 255, and patient etc. under section 256, of the Act for appointment of named person
  26. Informal patients
  27. 18Application to Tribunal under section 291 of the Act in relation to unlawful detention
  28. 19Notice of response under Part II
  29. 20Withdrawal of application
  30. 21Amendment of application or notice of response
  31. Part III: APPEALS TO THE TRIBUNAL
  32. 22Scope of this Part
  33. 23Initiating appeals to the Tribunal
  34. 24Notice of the appeal
  35. 25Notice of response under Part III
  36. 26Withdrawal of appeal
  37. 27Withdrawal of opposition
  38. 28Amendment of appeal or notice of response
  39. Part IV: REFERENCES TO THE TRIBUNAL
  40. 29Scope of this Part
  41. 30Notice of reference
  42. 31Notice of response
  43. 32Withdrawal of notice of response
  44. 33Amendment of reference or notice of response
  45. Part V: REVIEWS
  46. 34Scope of this Part
  47. 35Notice of review
  48. 36Notice of response
  49. 37Withdrawal of notice of response
  50. 38Amendment of notice of response
  51. Part VI: CASES REMITTED TO THE TRIBUNAL
  52. 39Scope of this Part
  53. 40Application of these Rules
  54. Part VII: GENERAL RULES
  55. 41Scope of this Part
  56. 42Disqualification
  57. 43Interim or preliminary matters
  58. 44Misconceived case
  59. 45Lodging of documents etc.
  60. 46Distribution and disclosure of documents
  61. 47Withholding documents or reports from disclosure in exceptional circumstances
  62. 48Additional parties and relevant persons
  63. 49Directions
  64. 50Varying or setting aside of directions
  65. 51Failure to comply with directions
  66. 52Other case management powers
  67. 53Assistance to persons with communication difficulties
  68. 54Representation
  69. 55Curator ad litem
  70. 56Notices
  71. 57Alteration of hearing
  72. 58Power to decide case without a hearing
  73. Evidence
  74. 59Production of documents etc.
  75. 60Evidence of witnesses– general rule
  76. 61Attendance of witnesses
  77. 62Experts' reports
  78. The hearing
  79. 63Procedure
  80. 64Absence of a member of the Tribunal
  81. 65Adjournment of the hearing
  82. 66Hearings in public or private
  83. 67Publicity
  84. 68Excluding persons from hearings in exceptional circumstances
  85. 69Exclusion of persons disrupting hearing
  86. 70Failure of a relevant person to attend
  87. 71Inability to attend
  88. 72Decision of the Tribunal
  89. 73Publication
  90. Miscellaneous
  91. 74Performance of the Tribunal’s functions
  92. 75Relief from failure to comply with the Rules
  93. 76Signature of documents
  94. 77Proof of documents
  95. 78Method of delivering and receipt of notices and documents
  96. 79Transfer of case
  97. Signature
  98. Explanatory note