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

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PART IVREFERENCES TO THE TRIBUNAL

Scope of this Part

29.  This Part applies to references to the Tribunal under the following sections of the Act

(a)96(3) (reference on recorded matters by responsible medical officer);

(b)98(2) (reference by Commission where patient subject to compulsory treatment order);

(c)162(2) (reference by Commission where patient subject to compulsion order);

(d)185(1) (reference by Scottish Ministers where patient subject to compulsion order and restriction order);

(e)187(2) (reference by Scottish Ministers required by Commission where patient subject to a compulsion order and a restriction order);

(f)189(2) (reference by Scottish Ministers where no reference made for two years and patient subject to compulsion order and a restriction order);

(g)210(3) (reference by Scottish Ministers following report by responsible medical officer);

(h)211)(2) (reference by Scottish Ministers required by Commission where patient subject to a hospital direction or transfer for treatment direction);

(i)213(2)(reference by Scottish Ministers where no reference has been made for two years where patient subject to a hospital direction or a transfer for treatment direction); and

(j)290(1) (reference by Commission under regulations against proposed removal of a patient from Scotland).

Notice of reference

30.—(1) The Clerk shall send notice of the reference–

(a)under section 96(3), 98(2), 162(2) or under regulations under section 290(1) of the Act, as the case may be, to–

(i)the patient;

(ii)the patient’s named person;

(iii)any guardian of the patient;

(iv)any welfare attorney of the patient;

(v)the mental health officer;

(vi)the patient’s responsible medical officer;

(vii)the patient’s primary carer;

(viii)any curator ad litem appointed in respect of the patient by the Tribunal; and

(ix)any other person appearing to the Tribunal to have an interest in the reference.

(b)under section 185(1), 187(2),189(2), 210(3), 211(2) or 213(2) of the Act, as the case may be, to–

(i)the patient;

(ii)the patient’s named person;

(iii)the patient’s primary carer;

(iv)any guardian of the patient;

(v)any welfare attorney of the patient;

(vi)any curator ad litem appointed by the Tribunal in respect of the patient;

(vii)the Scottish Ministers;

(viii)the patient’s responsible medical officer;

(ix)the mental health officer; and

(x)any other person appearing to the Tribunal to have an interest.

(2) The notice shall inform the persons–

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

(b)that they are being afforded the opportunity–

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

(ii)of leading, or producing evidence; and

(c)of the date, time and place of the hearing.

Notice of response

31.—(1) If any person mentioned in rule 30 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 21 days of receipt of the notice under that rule or within such other period specified in that notice.

(2) The notice of response shall state–

(a)the name and address of the person making the response;

(b)the case reference number;

(c)whether the person wishes to make representations, either orally or in writing;

(d)whether the person wishes to lead, or produce, evidence; and

(e)a statement of the facts and contentions on which the person intends to rely.

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

Withdrawal of notice of response

32.—(1) A person who has sent a notice of response under rule 31 may withdraw the notice of response–

(a)at any time before the hearing by sending to the Clerk a notice signed by the person; or

(b)at the hearing.

(2) On receipt of any such notice, the Clerk shall send a copy of that notice to each party.

Amendment of reference or notice of response

33.—(1) A referee or a person who has sent a notice of response under rule 31, as the case may be, may at any time before notification of the date of the hearing, amend the reference or notice of response by sending notice of any amendment to the Clerk.

(2) A referee or such a person may amend the reference or notice of response with the permission of the Tribunal at any time after receiving notification of the date of the hearing or with the permission of the Convener at the hearing itself.

(3) On receipt of any amendment, the Clerk shall send a copy to each party.

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