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

Questions On The First-Tier Mental Health Chamber Rules Of Procedure

Q1: Do you have any comments on rule 36, which provides that certain cases are able to be transferred to the Upper Tribunal, and, in particular, whether this should be restricted only to cases transferred on a point of law?

Q2: Do you have any comments on rule 37, which sets out the restricted grounds on which a case may be dismissed as being incompetent?

Q3: Do you have any comments on the proposal to simplify proceedings for interested third parties and remove the requirement or ability to seek leave from the Tribunal to enter the proceedings as a party?

Q4: Do you have any comments on the principle that the Tribunal must only assess documents received from persons who have sought leave to provide representations, to determine if those should be withheld from the patient and other parties?

Q5: Do you have any comments on the proposal to clarify the terminology in rule 52 on the circumstances in which the Tribunal may decide a case at a hearing without oral evidence or oral representations? Include any comments that you have on the practical implications of such hearings.

Q6: Do you have any comments on the proposal that there should be no ability for the First-Tier Tribunal Mental Health Chamber to review its own decisions?

Q7: Do you have any other comments on the draft regulations for the First-Tier Tribunal Mental Health Chamber Rules of Procedure?