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

Transfer of case

This section has no associated Executive Note

79.—(1) Where a tribunal is satisfied, in relation to a case which it is hearing that that case could be better considered by a tribunal in another geographical area, it may request the President to arrange for such other tribunal to dispose of the case.

(2) Where the functions of the Tribunal are being discharged by more than one tribunal, the President shall determine by which tribunal any case is to be dealt with.

(3) Where this rule applies, the President shall transfer the case from one tribunal to another where necessary.

(4) Where a case has been transferred in terms of this rule, any matters already decided in the case shall not require to be further considered by the tribunal to which the case is transferred.