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

Production of documents etc.

59.—(1) Subject to the provisions of the Act and paragraph (2) of this rule, the Tribunal may on the request of any relevant person or on its own initiative send a citation to any person requiring that person to attend and produce any document in the custody, or under the control of, such person which the Tribunal considers it necessary to examine.

(2) The citation must explain that–

(a) it is an offence under paragraph 12(3) of schedule 2 to the Act for a person who is cited to attend the Tribunal–

(i) to refuse or fail to attend; and

(ii) to alter, conceal or destroy or refuse to produce, a document which such person is required to produce for the purposes of the proceedings before the Tribunal;

(b) a person need not produce any document if, were it a document that might be produced in any court in Scotland, the person having that document could not be compelled to produce it in such proceedings;

(c) it is a defence under paragraph 12(5) of schedule 2 to the Act for a person charged with contravening paragraph 12(3) to show that the person has a reasonable excuse for such contravention.

(3) No person shall be required to attend and produce a document in compliance with a citation unless the necessary expenses of that person’s attendance are paid or tendered to them by the relevant person who requested their attendance or by the Tribunal, as the President shall direct.

(4) A person receiving a citation under this rule may apply in writing to the Tribunal for the citation to be varied or set aside and the Convener may vary or set aside the citation as they see fit.

(5) The Clerk shall send a copy of the decision under paragraph (4) to the person making the application under that paragraph and the relevant persons.

(6) It shall be a condition of the production of any document under this rule that a relevant person must use the document provided only for the purposes of the proceedings.

(7) In giving effect to this rule, the Tribunal shall take into account–

(a) the need to protect any matter that relates to intimate personal or financial circumstances or was communicated or obtained in confidence; and

(b) any request for non disclosure made under rule 46(3).