The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

1. Introductory Text

2. PART I INTRODUCTION

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Scope of the Rules

   4. 4. The overriding objective

3. PART II APPLICATIONS TO THE TRIBUNAL

   1. Short-term detention

      1. 5. Application for revocation of short term detention certificate or extension certificate under section 50 of the Act

   2. Compulsory treatment orders

      1. 6. Application for compulsory treatment order under section 63 of the Act

      2. 7. Application for interim compulsory treatment order under section 65 of the Act

      3. 8. Determination of application for compulsory treatment order where section 68 of the Act applies: special case

      4. 9. Application 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

      5. 10. Application 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

      6. 11. Application by patient etc. under section 120 of the Act for revocation of certificates under sections 114(2) and 115(2) of the Act

   3. Compulsion orders

      1. 12. Application by responsible medical officer under sections 149, 158 and 161 of the Act

      2. 13. Application 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 , to end the disclosure period for a compulsion order under section 164A 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

   4. compulsion orders and restriction orders

      1. 14. Application under section 191 of the Act by the Scottish Ministers for an order under section 193 of the Act

      2. 15. Application by patient etc. under section 192 of the Act for order under section 193 of the Act

   5. Hospital directions and transfer for treatment directions

      1. 16. Application by patient and named person for revocation of hospital direction or transfer for treatment direction under section 214(2) of the Act

   6. Named person

      1. 17. Application by mental health officer under section 255, and patient etc. under section 256, of the Act for appointment of named person

   7. Detention in conditions of excessive security

      1. 17A. Application that detention in hospital is in conditions of excessive security

      2. 17AA. Application that detention in hospital is in conditions of excessive security: medical report

      3. 17B. Hearings under section 265(2) or 269(2) of the Act

      4. 17C. Application under section 267 or 271 of the Act for recall of an order

   8. Informal patients

      1. 18. Application to Tribunal under section 291 of the Act in relation to unlawful detention

      2. 19. Notice of response under Part II

      3. 20. Withdrawal of application

      4. 21. Amendment of application or notice of response

4. PART III APPEALS TO THE TRIBUNAL

   1. 22. Scope of this Part

   2. 23. Initiating appeals to the Tribunal

   3. 24. Notice of the appeal

   4. 25. Notice of response under Part III

   5. 26. Withdrawal of appeal

   6. 27. Withdrawal of opposition

   7. 28. Amendment of appeal or notice of response

5. PART IV REFERENCES TO THE TRIBUNAL

   1. 29. Scope of this Part

   2. 30. Notice of reference

   3. 31. Notice of response

   4. 32. Withdrawal of notice of response

   5. 33. Amendment of reference or notice of response

6. PART V REVIEWS

   1. 34. Scope of this Part

   2. 35. Notice of review

   3. 36. Notice of response

   4. 37. Withdrawal of notice of response

   5. 38. Amendment of notice of response

7. PART VI CASES REMITTED TO THE TRIBUNAL

   1. 39. Scope of this Part

   2. 40. Application of these Rules

8. PART VII GENERAL RULES

   1. 41. Scope of this Part

   2. 42. Disqualification

   3. 43. Interim or preliminary matters

   4. 44. Misconceived case

   5. 45. Lodging of documents etc.

   6. 46. Distribution of documents

   7. 46A. Requests to the Tribunal for non-disclosure of documents

   8. 47. Withholding documents or reports from disclosure at initiative of the Tribunal in exceptional circumstances

   9. 48. Additional parties and relevant persons

   10. 49. Directions

   11. 50. Varying or setting aside of directions

   12. 51. Failure to comply with directions

   13. 52. Other case management powers

   14. 53. Assistance to persons with communication difficulties

   15. 54. Representation

   16. 55. Curator ad litem

   17. 56. Notices

   18. 57. Alteration of hearing

   19. 58. Power to decide case without a hearing

   20. Evidence

       1. 59. Production of documents etc.

       2. 60. Evidence of witnesses – general rule

       3. 61. Attendance of witnesses

       4. 62. Experts' reports

   21. The hearing

       1. 63. Procedure

       2. 64. Absence of a member of the Tribunal

       3. 65. Adjournment of the hearing

       4. 66. Hearings in public or private

       5. 67. Publicity

       6. 68. Excluding persons from hearings in exceptional circumstances

       7. 69. Exclusion of persons disrupting hearing

       8. 70. Failure of a relevant person to attend

       9. 71. Inability to attend

       10. 72. Decision of the Tribunal

       11. 73. Publication

   22. Miscellaneous

       1. 74. Performance of the Tribunal's functions

       2. 75. Relief from failure to comply with the Rules

       3. 76. Signature of documents

       4. 77. Proof of documents

       5. 78. Method of delivering and receipt of notices and documents

       6. 79. Transfer of case

       7. 80. Transitional provision

       8. 81. Revocation

9. Signature

10. Explanatory Note