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The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005
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Power to decide case without a hearing
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58.—(1) Except as otherwise provided for in the Act, this rule applies where–
(a)the relevant persons agree in writing;
(b)the Tribunal considers that having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it come to a decision; and
(c)to do so will not, in the view of the Tribunal, be contrary to the interests of the patient.
(2) Subject to paragraph (3), the Tribunal may decide the case without a hearing.
(3) Before making a decision under paragraph (2), the Tribunal must consider any representations in writing submitted by relevant persons.
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