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

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

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18.—(1) An application to the Tribunal under section 291 for an order requiring the managers of the hospital to cease to detain the patient 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, if known;

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

(e)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 hospital managers and the patient.

(5) The Clerk shall notify the hospital managers–

(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 an application has been made;

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

(d)that they are being afforded the opportunity–

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

(ii)of leading, or producing, evidence.

(6) If the hospital managers wish to make representations (whether orally or in writing) or lead or produce evidence, they shall send a notice of response to the Tribunal as soon as reasonably practicable or within such other period specified in that notice.

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

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