The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005

Exclusion of persons disrupting hearing

69.—(1) Without prejudice to any other powers the Tribunal may have, the Tribunal may exclude from any hearing, or part of it–

(a) any person (including a relevant person or the relevant person’s representative) whose conduct has disrupted, or is likely, in the opinion of the Tribunal, to disrupt the hearing;

(b) any person whose presence is likely, in the opinion of the Tribunal, to make it difficult for any relevant person to make representations or present evidence necessary for the proper conduct of the hearing; or

(c) any person whose conduct has otherwise interfered with the administration of justice or is likely to do so.

(2) In deciding whether to exercise the power conferred by paragraph (1) the Tribunal shall have regard to–

(a) the interests of the relevant persons; and

(b) in the case of the exclusion of a relevant person or relevant person’s representative, whether the relevant person will be adequately represented.

(3) Before the Tribunal decides to exclude a relevant person, the Tribunal shall–

(a) allow the relevant person’s representative sufficient opportunity to consult the relevant person;

(b) afford the relevant person concerned and any other relevant person as it thinks fit, an opportunity to be heard; and

(c) consider the availability of alternative measures which may enable the relevant person concerned to continue to participate in proceedings.

(4) Where the relevant person concerned is the patient, and that patient does not have a representative present to represent the patient’s interests, the Tribunal may, before making a decision under paragraph (1), adjourn the hearing to allow–

(a) the patient to obtain representation; or

(b) a curator ad litem to be appointed under rule 55(1).

(5) The Tribunal may make such alternative arrangements as may be necessary to enable a person excluded to continue to participate in the proceedings, including allowing the proceedings to continue through video-link or other method of communication.