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

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52.—(1) Subject to the provisions of the Act and these Rules, the Tribunal may regulate its own procedure.

(2) The Tribunal may in any proceedings–

(a)on the request of any relevant person or on its own initiative, extend the time appointed by these Rules for doing any act even if the time appointed has expired if–

(i)it would not be reasonable to expect the relevant person concerned to comply or, as the case may be, to have complied with the time limit; or

(ii)not to extend the time limit would be contrary to the interests of the patient;

(b)require a relevant person (other than the patient) or a relevant person’s representative or the patient’s named person to attend a hearing; and

(c)hold a hearing and receive evidence by telephone, through video link or by using any other method of communication if the Tribunal is satisfied that this would be fair in all the circumstances.

(3) Except where a rule or other enactment provides otherwise, the Tribunal may exercise its powers on the request of any relevant person or on its own initiative.

(4) Where the Tribunal proposes to exercise a power on its own initiative–

(a)it may give any person likely to be affected an opportunity to make representations;

(b)where it does so it must specify the period within which and the manner in which any representations must be made; and

(c)it shall take any representations into account, when deciding whether to proceed to do so.

(5) Where there are two or more sets of proceedings pending before the Tribunal which relate to the patient, the Tribunal may, on the request of a relevant person or on its own initiative–

(a)suspend the whole or part of any proceedings or decision either generally or until a specified date or event;

(b)hear and determine the proceedings concurrently, and give any directions necessary to enable it to do so.

(6) The Tribunal may, on the request of a relevant person or on its own initiative, on cause shown, suspend the whole or part of any proceedings or decision either generally or until a specified date.

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