Draft regulations transferring the Mental Health Tribunal for Scotland to the Scottish Tribunals: consultation

Part 7: Draft Regulations Amending The Time Limits For Seeking Permission To Appeal

Background

53) The Scottish Tribunals (Time Limits) Regulations 2016 ^[12] set out the time limits for applying to the First-tier Tribunal or Upper Tribunal for permission to appeal against its own decision, and the time limits for applying to the Upper Tribunal for permission to appeal against a decision of the First-tier Tribunal. The time limits are set as
30 days from the relevant date.

Draft Regulations

54) The draft regulations contained within Annex F amend the time limits for applying to the First-tier Tribunal or Upper Tribunal for permission to appeal against its own decision to specify a 21 day time limit for decisions made in the Mental Health Chamber. The time limits for applying to the Upper Tribunal for permission to appeal against a decision of the First-tier Tribunal Mental Health Chamber will also be amended to 21 days from the relevant date. These changes are considered appropriate in order to maintain the current position as it stands in the MHTS with regard to time limits.