The Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005

Scottish Statutory Instrument 2005 No. 420 — creates 4 criminal offences.

4offences created

0recorded in force

4revoked

Made: 25 August 2005
In force from: 5 October 2005
Extent: Not stated
Subject: Education, social security, pensions and public services
Made under: Mental Health (Care and Treatment) (Scotland) Act 2003, Tribunals and Inquiries Act 1992

Explanatory note

(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Rules prescribe the practice and procedure to be followed in proceedings before the Mental Health Tribunal for Scotland created under section 21 of, and schedule 2 to, the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”). The Rules come into force on 5th October 2005. Part I of these Rules contains introductory provisions. Part II contains rules about applications to the Tribunal under the 2003 Act. Part III contains rules about appeals to the Tribunal, under or by virtue of the 2003 Act. Part IV contains rules about references to the Tribunal under the 2003 Act. Part V contains rules about reviews by the Tribunal under section 101(2) or 165(2) of the 2003 Act of certain determinations by a patient’s responsible medical officer. Part VI provides that these Rules may be applied by the Tribunal to cases remitted to the Tribunal by the court under section 324(5)(b)(ii) of the 2003 Act for consideration anew. Part VII contains general provisions which apply to cases before the Tribunal under these Rules.

Offences created by this instrument

Production of documents etc article 59(2) · Revoked · Strict liability
Production of documents etc article 59(2)(a) · Revoked · Strict liability
Attendance of witnesses article 61(3) · Revoked · Strict liability
Attendance of witnesses article 61(3)(a) · Revoked · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2005