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

Application for extension and variation of compulsory treatment order under section 92 of the Act and variation of compulsory treatment order under section 95 of the Act

9.—(1) An application for extension and variation of a compulsory treatment order under section 92 of the Act and an application for variation of a compulsory treatment order under section 95 of the Act shall state the matters mentioned in section 92(a) or, as the case may be, 95(a), of the Act.

(2) The Clerk shall send a copy of the application and any accompanying documents prescribed by virtue of section 92(b) or, as the case may be, section 95(b), of the Act to the patient and the patient’s named person.

(3) The Clerk shall send notice of the application to–

(a) the patient;

(b) the patient’s named person;

(c) any guardian of the patient;

(d) any welfare attorney of the patient;

(e) the mental health officer;

(f) the patient’s responsible medical officer;

(g) the patient’s primary carer;

(h) any curator ad litem; and

(i) any other person appearing to the Tribunal to have an interest in the application.

(4) Notice under paragraph (3) shall inform the persons–

(a) of the case number of the application (which must from then on be referred to in all correspondence relating to the application);

(b) that the application has been made and the orders sought in the application;

(c) of the terms of the existing compulsory treatment order;

(d) of the date, time and place of the hearing; and

(e) that they are being afforded the opportunity–

(i) of making representations (whether orally or in writing); and

(ii) of leading, or producing, evidence.

(5) If a person mentioned in paragraph (3) wishes to make representations (whether orally or in writing) or to lead or produce evidence, that person shall send a notice of response to the Tribunal within 14 days of receipt of the notice under that paragraph or within such other period specified in that notice.

(6) The Clerk shall send a copy of each notice of response to each party.