The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017

Citation and commencement

1.  These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 and come into force on 30th June 2017.

Amendment of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

2.  The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005(1) are amended in accordance with rules 3 to 7.

Ability to act if no named person

3.—(1) In rule 2 (interpretation)—

(a) in paragraph (a) of the definition of “party”, at the end insert “except a person who initiated them by virtue of a provision giving a listed initiator authority to act(2)”;

(b) after paragraph (1) insert—

“(1A) The “listed initiator requirement” is that the application or appeal is accompanied by—

(a) a written statement by an approved medical practitioner confirming that in the opinion of that practitioner the patient is incapable in relation to a decision as to whether to initiate an application or appeal; and

(b) a written statement from the person making the application or appeal stating—

(i) that the patient has attained the age of 16 years and has no named person;

(ii) which of the categories of person who may initiate the appeal or application by virtue of the provision giving a listed initiator authority to act the person falls within; and

(iii) that the patient has not made a written declaration which precludes the person from initiating the appeal or application by virtue of that provision.

(1B) A reference in these Rules to a provision giving a listed initiator authority to act is a reference to—

(a) section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;

(b) regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008(3); and

(c) regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005(4).”.

Listed initiator requirement

4.—(1) After paragraph (2) in rules 5, 10, 11, 13, 15, 16 and 17A(5) insert—

“(2A) Where an application is made by virtue of a provision giving a listed initiator authority to act, the listed initiator requirement must be complied with.”.

(2) After paragraph (2) in rule 23 insert—

“(2A) Where an appeal is made by virtue of a provision giving a listed initiator authority to act, the listed initiator requirement must be complied with.”.

Compulsory treatment

5.  In rule 6 (application for compulsory treatment order under section 63 of the Act), in paragraph (4)(e) for “section 63” substitute “sections 64 or 65”.

Curator ad litem

6.  In rule 55 (curator ad litem)—

(a) in paragraph (2) after sub-paragraph (a) insert—

“(aa) an application or appeal has been initiated by virtue of a provision giving a listed initiator authority to act;”.

(b) omit sub paragraphs (3) and (4).

Decisions

7.  In rule 72 (decision of the tribunal)—

(a) in paragraph (3) after “the parties” insert “, the patient’s mental health officer (if they are not a party to the proceedings), the patient’s responsible medical officer (if they are not a party to the proceedings)”;

(b) in paragraph (6) for “it is sent to the parties” substitute “a copy of the document mentioned in sub-paragraph (7) is sent to the parties”.

MAUREEN WATT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th May 2017