Act of Sederunt (Mental Health Rules) 1996

Appointment of curator ad litem

5.—(1) Where, in an application to which rule 2(1) above applies, two medical certificates are produced stating that it would be prejudicial to the health or treatment of the person who is the subject of the application if personal service were effected on him by virtue of paragraph (1) of rule 3 (methods of service) or rule 4 (duties of medical officers) above, the sheriff—

(a) may dispense with such service; and

(b) if he does so, shall appoint a curator ad litem to receive the application and represent the interests of that person.

(2) Where, in an application to which rule 2(1) above applies, the sheriff is satisfied that—

(a) the person who is the subject of the application should be excluded from the whole or any part of the proceedings under section 113(2) of the Act of 1984, or

(b) in any other case, it is in all the circumstances appropriate for him to do so,

he may appoint a curator ad litem to represent the interests of the person who is the subject of the application.

(3) Service of an application on a curator ad litem shall be effected by the sheriff clerk handing, or sending by post by the first class recorded delivery service, to him a copy of the application (including any medical recommendations) and of the order appointing him.