The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005
S.S.I. 2005/420 · Made 25 August 2005
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
- f2
Contents
- Part I: INTRODUCTION
- 1Citation and commencement
- 2Interpretation
- 3Scope of the Rules
- 4The overriding objective
- Part II: APPLICATIONS TO THE TRIBUNAL
- Short-term detention
- 5Application for revocation of short-term detention certificate or extension certificate under section 50 of the Act
- Compulsory treatment orders
- 6Application for compulsory treatment order under section 63 of the Act
- 7Application for interim compulsory treatment order under section 65 of the Act
- 8Determination of application for compulsory treatment order where section 68 of the Act applies: special case
- 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
- 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
- 11Application by patient etc. under section 120 of the Act for revocation of certificates under sections 114(2) and 115(2) of the Act
- Compulsion orders
- 12Application by responsible medical officer under sections 149, 158 and 161 of the Act
- 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
- Compulsion orders and restriction orders
- 14Application under section 191 of the Act by the Scottish Ministers for an order under section 193 of the Act
- 15Application by patient etc. under section 192 of the Act for order under section 193 of the Act
- Hospital directions and transfer for treatment directions
- 16Application by patient and named person for revocation of hospital direction or transfer for treatment direction under section 214(2) of the Act
- Named person
- 17Application by mental health officer under section 255, and patient etc. under section 256, of the Act for appointment of named person
- Informal patients
- 18Application to Tribunal under section 291 of the Act in relation to unlawful detention
- 19Notice of response under Part II
- 20Withdrawal of application
- 21Amendment of application or notice of response
- Part III: APPEALS TO THE TRIBUNAL
- 22Scope of this Part
- 23Initiating appeals to the Tribunal
- 24Notice of the appeal
- 25Notice of response under Part III
- 26Withdrawal of appeal
- 27Withdrawal of opposition
- 28Amendment of appeal or notice of response
- Part IV: REFERENCES TO THE TRIBUNAL
- 29Scope of this Part
- 30Notice of reference
- 31Notice of response
- 32Withdrawal of notice of response
- 33Amendment of reference or notice of response
- Part V: REVIEWS
- 34Scope of this Part
- 35Notice of review
- 36Notice of response
- 37Withdrawal of notice of response
- 38Amendment of notice of response
- Part VI: CASES REMITTED TO THE TRIBUNAL
- 39Scope of this Part
- 40Application of these Rules
- Part VII: GENERAL RULES
- 41Scope of this Part
- 42Disqualification
- 43Interim or preliminary matters
- 44Misconceived case
- 45Lodging of documents etc.
- 46Distribution and disclosure of documents
- 47Withholding documents or reports from disclosure in exceptional circumstances
- 48Additional parties and relevant persons
- 49Directions
- 50Varying or setting aside of directions
- 51Failure to comply with directions
- 52Other case management powers
- 53Assistance to persons with communication difficulties
- 54Representation
- 55Curator ad litem
- 56Notices
- 57Alteration of hearing
- 58Power to decide case without a hearing
- Evidence
- 59Production of documents etc.
- 60Evidence of witnesses– general rule
- 61Attendance of witnesses
- 62Experts' reports
- The hearing
- 63Procedure
- 64Absence of a member of the Tribunal
- 65Adjournment of the hearing
- 66Hearings in public or private
- 67Publicity
- 68Excluding persons from hearings in exceptional circumstances
- 69Exclusion of persons disrupting hearing
- 70Failure of a relevant person to attend
- 71Inability to attend
- 72Decision of the Tribunal
- 73Publication
- Miscellaneous
- 74Performance of the Tribunal’s functions
- 75Relief from failure to comply with the Rules
- 76Signature of documents
- 77Proof of documents
- 78Method of delivering and receipt of notices and documents
- 79Transfer of case
- Signature
- Explanatory note