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

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

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16.—(1) An application under section 214(2) of the Act shall be made in writing.

(2) The application shall state–

(a)the name and address of the applicant;

(b)the name and address of the patient;

(c)the name and address of the patient’s named person;

(d)the name and address of the hospital where the patient is detained;

(e)the direction which the applicant seeks to revoke; and

(f)a brief statement of the reasons for the application.

(3) The applicant shall sign the application.

(4) The Clerk shall send a copy of the application to the patient’s responsible medical practitioner and the Scottish Ministers.

(5) The Clerk shall send notice of the application to the following persons:–

(a)the patient;

(b)the patient’s named person;

(c)the patient’s primary carer;

(d)any guardian of the patient;

(e)any welfare attorney of the patient;

(f)any curator ad litem appointed by the Tribunal in respect of the patient;

(g)the Scottish Ministers;

(h)the patient’s responsible medical officer;

(i)the mental health officer; and

(j)any other person appearing to the Tribunal to have an interest.

(6) Notice under paragraph (5) shall inform the persons–

(a)of the case number of the application (which must from then on be referred to in all correspondence relating to the application);

(b)that the application has been made and the direction which it seeks to revoke;

(c)of the terms of the existing direction;

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

(e)that they are being afforded the opportunity–

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

(ii)of leading, or producing, evidence.

(7) If a person mentioned in paragraph (5) wishes to make representations (whether orally or in writing) or to lead or produce evidence, that person shall send a notice of response to the Tribunal within 14 days of receipt of the notice or within such other period specified in that notice.

(8) The Clerk shall send a copy of each notice of response to each party.

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