The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005

Application for revocation of short term detention certificate or extension certificate under section 50 of the Act S

5.—(1) An application to the Tribunal for revocation of a short term detention certificate under section 50 of the Act shall be made in writing.

(2) The application shall state–

(a) the name and address of the applicant;

(b) the name and address of the patient;

(c) the name and address of the patient's named person;

(d) the name and address of the hospital where the patient is detained; and

(e) a brief statement of the reasons for the application.

[F1 (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.]

(3) The applicant shall sign the application.

(4) The Clerk shall send a copy of the application to the parties.

(5) Upon receipt of the application the Clerk shall fix a hearing as soon as possible.

(6) The Clerk shall send notice of the application to the following persons–

(a) the patient;

(b) the patient's named person;

(c) any guardian of the patient;

(d) any welfare attorney of the patient;

(e) the approved medical practitioner who granted the short term certificate;

(f) the mental health officer who was consulted under section 44(3)(c) of the Act;

(g) if the patient has a responsible medical officer, the responsible medical officer;

(h) any curator ad litem appointed in respect of the patient by the Tribunal; and

(i) any other person appearing to the Tribunal to have an interest in the application.

(7) Notice under paragraph (6) shall inform the persons–

(a) of the case number of the application (which must from then on be referred to in all correspondence relating to the application);

(b) that they are being afforded the opportunity–

(i) of making representations (whether orally or in writing); and

(ii) of leading, or producing evidence;

(c) of the date, time and place of the hearing; and

(d) that if they wish to make representations or lead or produce evidence, they must respond to the notice within the period specified in the notice.

(8) If a person mentioned in paragraph (6) wishes to make representations (whether orally or in writing) or to lead or produce evidence, that person shall within the period specified in the notice–

(a) send a notice of response to the Tribunal; and

(b) send to the Tribunal a copy of any documents the person intends to rely upon at the hearing.

(9) The Clerk shall send a copy of each notice of response and any documents received under paragraph (8) to each party.

(10) Where at the hearing on an application to which this rule applies the Tribunal does not decide the application, it shall fix a further hearing.

(11) The Tribunal may on fixing a further hearing under paragraph (10) do any of the following as it thinks fit:–

(a) it may give directions as to–

(i) any issues on which the Tribunal requires evidence;

(ii) the nature of the evidence which the Tribunal requires to decide those issues;

(iii) the way in which the evidence is to be led before the Tribunal;

(iv) the exclusion of any evidence which is irrelevant, unnecessary or improperly obtained;

(v) the dates by which any documents or other evidence upon which any relevant person is intending to rely shall be sent to the Tribunal;

(vi) the date by which a relevant person shall send any written representations on the case to the Tribunal; and

(vii) any other matter as is necessary to enable the Tribunal to decide the application as soon as possible;

(b) take any steps required by rule 53 to secure the needs of a person with communication difficulties;

(c) appoint a curator ad litem as necessary to meet the circumstances narrated in rule 55(2);

(d) decide any request or interim application made by any relevant person in relation to the case before the Tribunal.

(12) Before fixing a further hearing and doing any of those things referred to in paragraph (11), the Tribunal shall afford the relevant persons who are present an opportunity to be heard.

Textual Amendments

F1 Rule 5(2A) inserted (30.6.2017) by The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 (S.S.I. 2017/172), rules 1, 4(1)