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

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Named person

Application by mental health officer under section 255, and patient etc. under section 256, of the Act for appointment of named person

17.—(1) Subject to paragraph (5) of this rule, an application under section 255 or section 256 for appointment of a named person shall be made in writing.

(2) The Clerk shall send a copy of the application–

(a)if the application is made under section 255, to the patient, the patient’s apparent named person, if applicable, and any person whom it is proposed in the application should be the patient’s named person; or

(b)if the application is made under section 256, to the mental health officer, the patient, the patient’s named person, if applicable, and any person whom it is proposed in the application should be the patient’s named person,

together with notice of the case number of the application (which must from then on be referred to in all correspondence relating to the application).

(3) If a person mentioned in paragraph (2) wishes to make representations (whether orally or in writing) or lead or produce evidence, that person shall send a notice of response to the Tribunal within 14 days of receipt of the copy application under that paragraph or within such other period specified in a notice sent with the copy application.

(4) The Clerk shall send a copy of each notice of response to each party and any person whom it is proposed in the application should be the patient’s named person.

(5) Where it considers it expedient to do so, the Tribunal may permit an application to which this rule applies to be made by oral request and, in that event, the Tribunal shall take such steps as are reasonably practical to inform the persons mentioned in paragraph (2) of the application and to allow them to be heard on the application.

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