Article 2 Interpretation

In these Rules—

• “the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

• “appellant” means a person who appeals to the Tribunal under or by virtue of any of the sections of the Act specified in Part III of these Rules;

• “applicant” means a person who makes an application to the Tribunal under the Act;

• “Clerk” means a member of staff of the Tribunal employed to carry out the administration of the Tribunal or to act as clerk at a hearing of the Tribunal;

• “Convener” means the President or a person selected by the President from the panel mentioned in paragraph 1(1)(a) or 2 of schedule 2 to the Act;

• “electronic communication” has the meaning given to it by section 15(1) of Electronic Communications Act 2000^f1 and “electronic signature” has the same meaning as in section 7 of that Act;

• “hearing” means a sitting of the Tribunal for the purpose of enabling the Tribunal to take a decision on any matter relating to the case before it;

• “notice” means notice in writing;

• “the overriding objective” means the overriding objective described in rule 4;

• “party” means–

  1. (a)

     the person who initiated the proceedings before the Tribunal;

  2. (b)

     the patient to whom the proceedings relate;

  3. (c)

     the named person of the patient to whom the proceedings relate;

  4. (d)

     any person whose decision (which shall include any direction or order, determination or grant of a certificate, but does not include a decision by a court) is the subject of the proceedings before the Tribunal; and

  5. (e)

     any person added as a party under rule 48;

• “patient” means the patient to whom the proceedings relate;

• “relevant person” means any party and any other person who sends a notice of response under Part II, IV or V of these Rules indicating a wish to make representations or to lead or produce evidence;

• “President” means the President of the Tribunal;

• “referee” means a person who makes a reference to the Tribunal under the Act;

• “respondent” means the person who made the decision which is the subject of appeal under or by virtue of Part III of these Rules;

• “Tribunal” means the Mental Health Tribunal for Scotland and “tribunal” means a tribunal constituted under sub-paragraph (1) of paragraph 7 of schedule 2 to the Act to discharge the functions of the Tribunal; and

• “working day” means a day which is not–

  1. (a)

     a Saturday;

  2. (b)

     a Sunday; or

  3. (c)

     a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971^f2.

Any reference in these Rules to a rule is a reference to a rule in these Rules, and in any rule a reference to a paragraph or sub-paragraph is, unless otherwise expressly provided, a reference to a paragraph or sub-paragraph in the rule.

Where the time specified by these Rules for doing any act ends on a Saturday, Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 that act is done in time if it is done on the next day which is not a Saturday, Sunday or bank holiday.