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

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Determination of application for compulsory treatment order where section 68 of the Act applies: special case

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8.—(1) This rule applies where an application is made under section 63 of the Act and section 68 of the Act applies.

(2) Before the expiry of the period of 5 days referred to in section 68(2)(a) of the Act, the Tribunal shall hold a hearing (“a first hearing”) in order to determine whether an interim compulsory order should be made and, if it determines it should not be made, to determine the application.

(3) Where the Tribunal–

(a)makes an interim compulsory treatment order that authorises the detention of the patient in hospital; and

(b)does not determine that a compulsory treatment order should not be made,

it shall fix a further hearing.

(4) The Tribunal may on fixing a further hearing under paragraph (3), do any of the following as it thinks fit:–

(a)it may give directions as to–

(i)any issues on which the Tribunal requires evidence;

(ii)the nature of the evidence which the Tribunal requires to decide those issues;

(iii)the way in which the evidence is to be led before the Tribunal; the exclusion of any evidence which is irrelevant, unnecessary or improperly obtained;

(iv)the dates by which any documents or other evidence upon which any relevant person is intending to rely shall be sent to the Tribunal;

(v)the date by which a relevant person shall send any written representations on the case to the Tribunal; and

(vi)any other matter as is necessary to enable the Tribunal to decide the application as soon as possible;

(b)take any steps required by rule 53 to secure the needs of a person with communication difficulties;

(c)appoint a curator ad litem as necessary to meet the circumstances narrated in rule 55(2);

(d)decide any request or interim application made by any relevant person in relation to the case before the Tribunal.

(5) Before fixing a further hearing and doing any of those things referred to in paragraph (4), the Tribunal shall afford the relevant persons who are present an opportunity to be heard.

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