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

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the practice and procedure to be followed in proceedings before the Mental Health Tribunal for Scotland created under section 21 of, and schedule 2 to, the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”). The Rules come into force on 5th October 2005.

Part I of these Rules contains introductory provisions.

Part II contains rules about applications to the Tribunal under the 2003 Act.

Part III contains rules about appeals to the Tribunal, under or by virtue of the 2003 Act.

Part IV contains rules about references to the Tribunal under the 2003 Act.

Part V contains rules about reviews by the Tribunal under section 101(2) or 165(2) of the 2003 Act of certain determinations by a patient’s responsible medical officer.

Part VI provides that these Rules may be applied by the Tribunal to cases remitted to the Tribunal by the court under section 324(5)(b)(ii) of the 2003 Act for consideration anew.

Part VII contains general provisions which apply to cases before the Tribunal under these Rules.