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

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2.—(1) In these Rules—

the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

“appellant” means a person who appeals to the Tribunal under or by virtue of any of the sections of the Act specified in Part III of these Rules;

“applicant” means a person who makes an application to the Tribunal under the Act;

“Clerk” means a member of staff of the Tribunal employed to carry out the administration of the Tribunal or to act as clerk at a hearing of the Tribunal;

“Convener” means the President or a person selected by the President from the panel mentioned in paragraph 1(1)(a) or 2 of schedule 2 to the Act;

“electronic communication” has the meaning given to it by section 15(1) of Electronic Communications Act 2000(1) and “electronic signature” has the same meaning as in section 7 of that Act;

“hearing” means a sitting of the Tribunal for the purpose of enabling the Tribunal to take a decision on any matter relating to the case before it;

“notice” means notice in writing;

“the overriding objective” means the overriding objective described in rule 4;

“party” means–

(a)

the person who initiated the proceedings before the Tribunal;

(b)

the patient to whom the proceedings relate;

(c)

the named person of the patient to whom the proceedings relate;

(d)

any person whose decision (which shall include any direction or order, determination or grant of a certificate, but does not include a decision by a court) is the subject of the proceedings before the Tribunal; and

(e)

any person added as a party under rule 48;

“patient” means the patient to whom the proceedings relate;

“relevant person” means any party and any other person who sends a notice of response under Part II, IV or V of these Rules indicating a wish to make representations or to lead or produce evidence;

“President” means the President of the Tribunal;

“referee” means a person who makes a reference to the Tribunal under the Act;

“respondent” means the person who made the decision which is the subject of appeal under or by virtue of Part III of these Rules;

“Tribunal” means the Mental Health Tribunal for Scotland and “tribunal” means a tribunal constituted under sub-paragraph (1) of paragraph 7 of schedule 2 to the Act to discharge the functions of the Tribunal; and

“working day” means a day which is not–

(a)

a Saturday;

(b)

a Sunday; or

(c)

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(2).

(2) Any reference in these Rules to a rule is a reference to a rule in these Rules, and in any rule a reference to a paragraph or sub-paragraph is, unless otherwise expressly provided, a reference to a paragraph or sub-paragraph in the rule.

(3) Where the time specified by these Rules for doing any act ends on a Saturday, Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 that act is done in time if it is done on the next day which is not a Saturday, Sunday or bank holiday.

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