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Mental Health (Care and Treatment) (Scotland) Act 2003

Part 3: Tribunal procedure

683.Paragraph 10(1) enables the Scottish Ministers to make rules about the practice and procedure of the Tribunal. Sub-paragraph (2) lists certain matters that may be included within such rules.

684.Paragraph 11 confers on the President a power to supplement the rules by making directions about procedure and practice. This power could be exercised in relation to, for example, the allocation of hearing dates.

685.Paragraph 12 gives the Tribunal power to require by citation any person to attend to give evidence at any hearing or to produce documents held by them. The Tribunal may require a witness to give evidence on oath or to affirm. Non-compliance with a citation without reasonable excuse, is an offence, subject to specified penalties.

686.Paragraph 13 provides for Tribunal decisions, where made by more than one member, to be made by majority with the convener having a second casting vote in the event of a tie. The Tribunal is required to produce a written document, containing the decision, a full statement of established facts and reasons for the decision. The Tribunal must notify each party of its decision and, on the request of one of the parties, a copy of the written document must be sent to each party.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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