1A

The “listed initiator requirement” is that the application or appeal is accompanied by—

a

a written statement by an approved medical practitioner confirming that in the opinion of that practitioner the patient is incapable in relation to a decision as to whether to initiate an application or appeal; and

b

a written statement from the person making the application or appeal stating—

i

that the patient has attained the age of 16 years and has no named person;

ii

which of the categories of person who may initiate the appeal or application by virtue of the provision giving a listed initiator authority to act the person falls within; and

iii

that the patient has not made a written declaration which precludes the person from initiating the appeal or application by virtue of that provision.

1B

A reference in these Rules to a provision giving a listed initiator authority to act is a reference to—

a

section 257A of the Mental Health (Care and Treatment) (Scotland) Act 2003;

b

regulation 8A of the Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 20085; and

c

regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 20056.