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

[F1Part 4SConduct of hearings etc.

Textual Amendments

F1Sch. 1A inserted (18.1.2014 for the purpose of the insertion of sch. 1A paras. 1, 2, 5, 16.5.2014 for the purpose of the insertion of sch. 1A paras. 3, 7(3)-(6), 14, 1.7.2014 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 31(2), 34(1); S.S.I. 2014/117, arts. 2, 3

Testimony given to NCFS

8(1)NCF must make provision for receiving testimony under paragraph 7(1).S

(2)NCF must make arrangements for testimony to be given—

(a)at a hearing established by NCF (a “forum hearing”), or

(b)by other means of communication (whether oral or written).

(3)Where NCF receives testimony at a forum hearing it must ensure that—

(a)at least 2 members of NCF are present while the forum hearing is receiving the testimony, and

(b)the forum hearing is held in private.

(4)For the purposes of sub-paragraph (3), a forum hearing is held in private if the only persons present are—

(a)the person giving the testimony,

(b)any person accompanying that person whose attendance has been approved by NCF,

(c)members of NCF,

(d)NCF staff.

(5)It is otherwise for NCF to determine procedures for receiving testimony, taking account of—

(a)any procedure determined under paragraph 4(2), and

(b)the duty in paragraph 4(3).

Recording of testimonyS

9(1)NCF may record testimony and any other information received from eligible persons in such manner as it thinks fit.S

(2)NCF must as soon as reasonably practicable after receiving any information from an eligible person take such steps as it thinks fit to organise the information in such a way as to preserve the anonymity of—

(a)the person providing the information,

(b)any individual mentioned in the testimony, and

(c)any establishment providing institutional care mentioned in the testimony.

Payment of expensesS

10SNCF may require the Commission to pay such expenses as NCF considers reasonable—

(a)to eligible persons, and

(b)to persons accompanying eligible persons to forum hearings.]