Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

SCHEDULE 2 S The Mental Health Tribunal for Scotland

Part 3 S Tribunal procedure

Decisions of the Tribunal S

13 (1) Subject to sub-paragraph (2) below, where a decision is to be made by more than one member of the Tribunal, the decision of the Tribunal shall be made by majority. S

(2) If there is a tie, the convener shall have a second vote as a casting vote.

(3) A decision of the Tribunal shall be recorded in a document which contains a full statement of the facts found by the Tribunal and the reasons for the decision.

(4) The Tribunal shall—

(a) inform each party of its decision; and

(b) as soon as practicable after [F1 completion] of the document mentioned in sub-paragraph (3) above [F2 , send a copy] to each party.

Textual Amendments

F1 Word in sch. 2 para. 13(4)(b) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(26)(b)(i)

F2 Words in sch. 2 para. 13(4)(b) inserted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(26)(b)(ii)

Commencement Information

I1 Sch. 2 para. 13 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2