Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Notices

This section has no associated Executive Note

56.—(1) Where these Rules require notice of proceedings before the Tribunal to be served upon a person who initiated those proceedings, such a notice shall not require to be served, but in such a case a notice of hearing shall be sent intimating the date, time and place of the hearing and giving such directions as the Tribunal shall consider appropriate in the circumstances.

(2) Where a person has notified the Tribunal in writing that that person does not wish to receive any notices or documents from the Tribunal in relation to proceedings before it specified in the notification, these Rules do not require any such notices or documents to be sent to that person.

(3) Except where the relevant persons have already been notified of the date of the hearing under notice provided under Parts II to V of these Rules, the Clerk shall send to each relevant person, not less than 7 days before the date fixed (or such shorter period as the Tribunal or the Convener may decide is appropriate) notice of hearing intimating the date, time and place of the hearing and giving such directions as the Tribunal shall consider appropriate in the circumstances.

(4) The Clerk shall include with a notice of hearing, information and guidance in a form approved by the President, as to–

(a)the right of a relevant person to make representations in writing;

(b)the attendance at the hearing of the relevant persons and witnesses, including a statement explaining the consequences of non-attendance;

(c)the sending of documents;

(d)the right of representation or assistance by another person;

(e)the need to notify the Clerk if a relevant person or a witness requires assistance as referred to in rule 53;

(f)the right of the parties to receive a copy of a decision of the Tribunal;

(g)the availability of general procedural advice in relation to proceedings from the Office of the Mental Health Tribunal for Scotland; and

(h)the availability of other sources of advice.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources