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

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Notice of review

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35.—(1) Where the Tribunal intend to review a determination under section 101(2) or 165(2) of the Act, the Clerk shall send notice of review to the following persons:–

(a)the patient;

(b)the patient’s named person;

(c)any guardian of the patient;

(d)any welfare attorney of the patient;

(e)the mental health officer;

(f)the patient’s responsible medical officer;

(g)the patient’s primary carer;

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

(i)any other person appearing to the Tribunal to have an interest in the determination.

(2) The notice shall inform the persons–

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

(b)that a review is to be made by the Tribunal and of the reason for the review;

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

(d)that they are being afforded the opportunity–

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

(ii)of leading, or producing, evidence.

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