{
  "url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-rules-2005/article-7",
  "json_url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-rules-2005/article-7.json",
  "legislation": "ssi/2005/420",
  "legislation_title": "The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005",
  "legislation_url": "https://openlegislation.uk/mental-health-tribunal-for-scotland-practice-and-procedure-rules-2005",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Application for interim compulsory treatment order under section 65 of the Act",
  "text": "(1) An application under section 65 of the Act for an interim compulsory treatment order shall state–\n(a) the name and address of the applicant;\n(b) the name and address of the patient;\n(c) the name and address of the patient’s named person;\n(d) where the patient is detained, the name and address of the hospital where the patient is detained;\n(e) the matters mentioned in paragraphs (a) to (d) of section 64(5) of the Act in respect of the patient; and\n(f) the measures mentioned in section 66(1) of the Act that are sought in relation to the patient.\n(2) The applicant shall sign the application.\n(3) The Clerk shall send a notice of the application to the following persons:–\n(a) the patient;\n(b) the patient’s named person;\n(c) any guardian of the patient;\n(d) any welfare attorney of the patient;\n(e) the mental health officer;\n(f) if the patient has a responsible medical officer, that officer;\n(g) the medical practitioners who submitted the mental health reports which accompany the application under section 63 of the Act;\n(h) the patient’s primary carer;\n(i) any curator ad litem appointed in respect of the patient by the Tribunal; and\n(j) any other person appearing to the Tribunal to have an interest in that application.\n(4) Notice under paragraph (3) shall inform the persons–\n(a) of the case number of the application (which must from then on be referred to in all correspondence relating to the application);\n(b) that an application for an interim compulsory treatment order has been made;\n(c) of the measures that are sought in the application;\n(d) of the date, time and place of the hearing;\n(e) they are being afforded the opportunity–\n(i) of making representations (whether orally or in writing); and\n(ii) of leading, or producing, evidence,\nin relation to the making of an order under section 65 of the Act; and\n(f) that if they wish to make representations or to lead or produce evidence, they must respond to the notice within the period specified in the notice.\n(5) If a person mentioned in paragraph (3) wishes to make representations (whether orally or in writing) or to lead or produce evidence, that person shall within the period specified in the notice–\n(a) send a notice of response to the Tribunal; and\n(b) send to the Tribunal a copy of any documents the person intends to rely upon at the hearing.\n(6) The Clerk shall send a copy of each notice of response and any documents to each party.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/420/article/7",
    "retrieved_at": "2026-10-28T22:24:37.022672+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."
}