Act of Sederunt (Mental Health Rules) 1996

Service of notice and appointment of hearing of applications

2.—(1) In an application to the sheriff under section 21(1) (hospital order), section 35A(2) (community care order), or section 40 (guardianship order) of the Act of 1984—

(a) the sheriff shall appoint a hearing; and

(b) the sheriff clerk shall serve on the person who is the subject of such proceedings a copy of the application (with the exception of any medical recommendations) and a notice in Form 1.

(2) The sheriff may appoint that the hearing of such an application shall take place in a hospital or other place, where he considers this to be appropriate in all the circumstances.

(3) Where the nearest relative of the person who is the subject of such an application lodges with the sheriff clerk an objection to such application, the sheriff clerk shall intimate to that nearest relative the date appointed under paragraph (1)(a) above.

(4) Intimation shall be given by the sheriff clerk of the date appointed under paragraph (1)(a) above to such other persons as the sheriff may direct.

(1)

Section 21 was amended by the Mental Health (Detention) (Scotland) Act 1991, (c.47), section 2.

(2)

Section 35A of the Act of 1984 was inserted by the Mental Health (Patients in the Community) Act 1995 (c. 52), section 4.