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

Distribution and disclosure of documents

46.—(1) Except as otherwise provided for in these Rules, the Clerk shall as soon as reasonably practicable send a copy of any document received in relation to the proceedings to the parties.

(2) At the request of any relevant person, or on its own initiative, the Tribunal or a Convener may determine whether a document should also be sent to any other person.

(3) A request for non-disclosure of any document or part of it in connection with proceedings before the Tribunal shall be made in writing by the person sending the document when that document is sent to the Tribunal, indicating the words and passages for which non-disclosure is claimed and giving reasons in each instance.

(4) If so directed by the Convener or the Tribunal, the person making the request under paragraph (3) shall, where practicable, supply a disclosable version of the relevant document.

(5) On receipt of a request under paragraph (3), the Convener or the Tribunal shall determine whether the request shall be intimated to any person and the Clerk shall intimate the request to such a person inviting that person–

(a) to make written representations within such period as may be specified; or

(b) to make representations at a hearing on such date as specified in the notice.

(6) After considering the reasons given with the request and any representations under paragraph (5), the Tribunal may direct that–

(a) all or any part of the document should not be disclosed; and

(b) where a version has been provided under paragraph (4), that version will be disclosed in place of the relevant document.