(This note is not part of the Rules)
These Rules amend rules 17A to 17C of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (“the principal Rules”). At present, Rules 17A to 17C of the principal Rules only extend to patients detained in a state hospital. These Rules amend the principal Rules to make provision in relation to patients detained in a qualifying hospital.
Rule 2(2) amends the principal Rules to make provision as to who is a party in such proceedings.
Rule 2(3) and (4) amends rule 17A to make provision in relation to an order under section 268(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”).
Rule 2(5) inserts a new rule 17AA, which prescribes that any application against detention in conditions of excessive security under section 264 or 268 of the 2003 Act must be accompanied by a report prepared by an approved medical practitioner. In addition to providing the information required under section 264(7A) and 268(7A) of the 2003 Act, the report must state the name of the approved medical practitioner who prepared it, the section of the 2003 Act in accordance with which the hearing is to be held, and in which list compiled and maintained under section 22(1) of the 2003 Act the practitioner is included. This new rule reflects the amendments to sections 264 and 268 of the 2003 Act by section 14 of the Mental Health (Scotland) Act 2015 (“the 2015 Act”).
Rule 2(6) substitutes a new rule 17B. This extends the application of rule 17B to include hearings held in relation to a qualifying hospital held in accordance with section 269(2) of the 2003 Act.
Rule 2(8) and (9) amends rule 17C to extend that rule so that it applies in relation to an application under section 271(2) of the 2003 Act for recall of an order made under section 268(2) or 269(3) of the 2003 Act.
Rule 3 is a saving provision, the effect of which is that the amendments to the principal Rules, and the repeal of section 266 of the 2003 Act (orders under section 265: further provision) by section 15(2) of the 2015 Act (process for enforcement of orders), do not apply to any relevant proceedings in connection with an application made under section 264(2) of the Act. For the purpose of the saving provision, relevant proceedings under the 2003 Act include a hearing held in accordance with section 266(2) and an application to the Tribunal under section 267(2) for recall of an order made under section 266(2).