Guidance
Factsheet on Rule 46 and Rule 48 of the 2005 Practice and Procedure Rules
The Tribunal has recently reviewed how we deal with requests made under rules 46 and 48 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005. These rules address the distribution of documents (rule 46) and additional parties and relevant persons (rule 48). This factsheet provides a short explanation of how these requests are treated. In short, papers can be distributed to primary carers, guardians and welfare attorneys. As recently emphasised, if there is an issue about disclosing a report or other document, in whole or in part, an application for non-disclosure under rule 46A requires to be made before we can consider withholding the report/document.
Although this factsheet is aimed at patients and carers, it may be helpful when discussing these issues with patients and those who support them. In summary, it explains how people can apply to the Tribunal for receipt of papers for a hearing, or to become a party or relevant person at a hearing. It emphasises that these are judicial decisions and sets out the type of issues which will be taken into account when these decisions are taken.
Guidance for Interpreters
Guidance on the Provision of Documents in Tribunal applications (REVISED February 2025)
The Tribunal provides guidance to the Tribunal's Administration on the provision of documents in Tribunal applications:
- The Provision of Documents Feb 2025 - REVISED February 2025
This guidance sets out the documents which will form the Tribunal papers in each type of application, review, etc, under the relevant sections of the 2003 Act.
The guidance may be of interest to mental health professionals as well as lawyers.