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

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Attendance of witnesses

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61.—(1) Subject to the provisions of the Act, the Tribunal may on the written request of any relevant person or on its own initiative send a citation to a person requiring that that person attends as a witness.

(2) A request by a relevant person under paragraph (1) shall give the name and address of each person in respect of whom the request is made.

(3) The citation must explain that–

(a)it is an offence under paragraph 12 of schedule 2 to the Act to refuse or fail, without reasonable excuse, to comply with it;

(b)a person need not give evidence as a witness if the person could not be compelled to give that evidence in proceedings in any court in Scotland.

(4) No person shall be required to attend as a witness in compliance with a citation unless–

(a)that person has been given 5 working days' notice of the hearing or such other period of notice, which must be at least 48 hours' notice, as shall be specified in the citation; and

(b)the necessary expenses of that person’s attendance are paid or tendered to them by the relevant person who requested their attendance or by the Tribunal, as the President shall direct.

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