The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the practice and procedure to be followed in proceedings before the Mental Health Tribunal for Scotland created under section 21 of, and schedule 2 to, the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the Act”). These Rules re-enact the Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005 (“the previous Rules”) with minor amendments.

Part I of these Rules contains introductory provisions.

Part II contains rules about applications to the Tribunal under the 2003 Act. In this Part changes are made from the previous Rules in–

(a) rule 6 to remove the requirement on the Clerk of the Tribunal to send a copy of the care plan together with notice of an application for a compulsory treatment order; and

(b) rule 7 in relation to the provision for the making of applications under section 65 of the Act for an interim compulsory treatment order.

Part III contains rules about appeals to the Tribunal, under or by virtue of the 2003 Act.

Part IV contains rules about references to the Tribunal under the 2003 Act.

Part V contains rules about reviews by the Tribunal under section 101(2) or 165(2) of the 2003 Act of certain determinations by a patient’s responsible medical officer.

Part VI provides that these Rules may be applied by the Tribunal to cases remitted to the Tribunal by the court under section 324(5)(b)(ii) of the 2003 Act for consideration anew.

Part VII contains general provisions which apply to cases before the Tribunal under these Rules. In this Part changes are made from the previous Rules in:

(a) rule 47(4) to (6) in relation to the procedure for considering representations from parties before making a determination whether or not a document, report or any part of it is not to be disclosed;

(b) rule 48(1) to correct a drafting error;

(c) rule 51(2) in relation to the procedure for giving a relevant person an opportunity to show cause why a direction that the person take no further part in proceedings should not be given;

(d) in rule 55, 47, 68 and 69 to amend the provisions in relation to the appointment of a curator ad litem, and the circumstances in which a curator ad litem may be appointed;

(e) rule 57 to make new provision in relation to alteration of the date, time or place of a hearing;

(f) rule 62(5) in relation to the period of time in which certain expert reports are to be sent to the Tribunal;

(g) rule 63(3) to make new provisions in relation to the right to make representations or to lead or produce evidence; and

(h) rule 66(6) to make provision for the President of the Tribunal to attend any hearing without the agreement of the Convener.

These Rules come into force on 14th November 2005. Rule 81 of these Rules revokes the previous Rules on that date. Rule 80 makes transitional provision so that that notwithstanding the revocation of the previous Rules, rule 7(4) to (6) of the previous Rules will continue to apply in relation to certain applications to, and rule 47 and 57(4) of the previous Rules will continue to apply in relation to certain determinations and decisions by, the Tribunal.