
1 
These Rules may be cited as the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Amendment Rules 2017 and come into force on 30th June 2017.
2 
The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 are amended in accordance with rules 3 to 7.
3 

(1) In rule 2 (interpretation)—
(a) in paragraph (a) of the definition of “party”, at the end insert “except a person who initiated them by virtue of a provision giving a listed initiator authority to act”;
(b) after paragraph (1) insert—“
(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 2008; and
(c) regulation 13A of the Mental Health (Cross-border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005.”.
4 

(1) After paragraph (2) in rules 5, 10, 11, 13, 15, 16 and 17A insert—“
(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.”.
(2) After paragraph (2) in rule 23 insert—“
(2A) Where an appeal is made by virtue of a provision giving a listed initiator authority to act, the listed initiator requirement must be complied with.”.
5 
In rule 6 (application for compulsory treatment order under section 63 of the Act), in paragraph (4)(e) for “section 63” substitute “sections 64 or 65”.
6 
In rule 55 (curator ad litem)—
(a) in paragraph (2) after sub-paragraph (a) insert—“
(aa) an application or appeal has been initiated by virtue of a provision giving a listed initiator authority to act;”.
(b) omit sub paragraphs (3) and (4).
7 
In rule 72 (decision of the tribunal)—
(a) in paragraph (3) after “the parties” insert “, the patient’s mental health officer (if they are not a party to the proceedings), the patient’s responsible medical officer (if they are not a party to the proceedings)”;
(b) in paragraph (6) for “it is sent to the parties” substitute “a copy of the document mentioned in sub-paragraph (7) is sent to the parties”.
MAUREEN WATT
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
30th May 2017