The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2015

Amendment of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

2.—(1) The principal Rules are amended as follows.

(2) In rule 2(1) (interpretation), in the definition of “party”(1)—

(a) immediately after paragraph (e) omit “and”; and

(b) for paragraph (f) substitute—

“(f) the Scottish Ministers in any proceedings which relate to a relevant patient; and

(g) the relevant Health Board in any proceedings under sections 264 to 271 of the  Act;”.

(3) For the cross heading to rule 17A substitute “Application that detention in hospital is in conditions of excessive security”.

(4) In rule 17A—

(a) for paragraph (1) substitute—

“(1) An application to the Tribunal for an order under—

(a) section 264(2) of the Act (detention in conditions of excessive security: state hospitals); or

(b) section 268(2) of the Act (detention in conditions of excessive security: hospitals other than state hospitals),

must be made in writing.”;

(b) in paragraph (4)(e) omit “state”;

(c) in paragraph (5)(c), after “264(2)” insert “or 268(2)”;

(d) for paragraph (6) substitute—

“(6) A person sent notice by the Clerk in accordance with paragraph (4) who wishes to—

(a) make representations (orally or in writing); or

(b) lead or produce evidence,

in relation to the application, must send a notice of response to the Tribunal within 21 days of the notice from the Clerk being received by the person or within such other period as may be specified in the notice from the Clerk.”.

(5) After rule 17A insert—

Application that detention in hospital is in conditions of excessive security: medical report

17AA.— (1) The report accompanying an application for an order under section 264(2) or 268(2) of the Act must (in addition to providing the information required by section 264(7A) or, as the case may be, 268(7A) of the Act) state—

(a) the name of the approved medical practitioner who prepared it; and

(b) in which list compiled and maintained under section 22(1) of the Act the practitioner is included.

(2) In paragraph (1) “report” means the report required by—

(a) section 264(7A) of the Act, in the case of an application for an order under subsection (2) of that section; or

(b) section 268(7A) of the Act, in the case of an application for an order under subsection(2) of that section.”.

(6) For rule 17B and the cross heading to that rule substitute—

Hearings under section 265(2) or 269(2) of the Act

17B.— (1) This rule applies where a hearing is to be held in accordance with section 265(2) or 269(2) of the Act.

(2) The Clerk must send notice of the hearing to the persons mentioned in rule 17A(4) within 7 days of the end of the period specified in the order made under section 264(2) or 268(2) of the Act.

(3) The date fixed for the hearing must, where practicable, be not more than 21 days after the end of the period specified in the order made under section 264(2) or, as the case may be, 268(2) of the Act.

(4) A notice under paragraph (2) must inform the recipient—

(a) of the name of the patient concerned;

(b) of the date, time and place of the hearing;

(c) of the section of the Act in accordance with which the hearing is to be held;

(d) that the recipient is being afforded the opportunity of—

(i) making representations (orally or in writing); and

(ii) leading and producing evidence,

in relation to the hearing under section 265(2) or, as the case may be, 269(2) of the Act.

(e) that if the recipient wishes to take the opportunity of doing one or more of the things mentioned in sub-paragraph (d), the recipient must send the Tribunal a notice of response in accordance with paragraph (5).

(5) A person sent notice by the Clerk in accordance with paragraph (2) who wishes to–

(a) make representations (orally or in writing); or

(b) lead or produce evidence,

in relation to the hearing, must send a notice of response to the Tribunal within 7 days of the notice from the Clerk being received by the person or within such other period as may be specified in the notice from the Clerk.

(6) The Clerk must send a copy of any notice of response received to each party.”.

(7) For the cross heading to rule 17C substitute “Application under section 267 or 271 of the Act for recall of an order”.

(8) In rule 17C—

(a) for paragraph (1) substitute—

“(1) An application to the Tribunal under—

(a) section 267(2) of the Act for recall of an order made under section 264(2) or 265(3) of the Act; or

(b) section 271(2) of the Act for recall of an order made under section 268(2) or 269(3) of the Act,

must be made in writing.”; and

(b) in paragraph (5), for “, 265(3)” to the end substitute “or 265(3) of the Act, or under section 271(2) for recall of an order made under section 268(2) or 269(3) of the Act.”.

(1)

Rule 2(1)(f) was inserted S.S.I. 2006/171.