- Scottish Statutory Instrument 2005 No. 441
The Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005
© Crown Copyright 2005
Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005, ISBN 0110696972. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
This Scottish Statutory instrument supersedes S.S.I. 2005/416 published on 29th August 2005 and is being issued free of charge to all known recipients of that instrument.
| Made | 9th September 2005 | ||
| Laid before the Scottish Parliament | 13th September 2005 | ||
| Coming into force | 5th October 2005 |
The Scottish Ministers, in exercise of the powers conferred by sections 324(7) and 326(2)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005 and shall come into force on 5th October 2005.
Specified period
2. The period within which an appeal under section 322(2) (appeal to Court of Session against certain decisions of the Tribunal) of the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be made is 21 days after whichever of the following dates is applicable:–
-
(a) the date on which the party was informed of the decision appealed against; or
(b) if the party has requested a copy of the document mentioned in paragraph 13(3) of schedule 2 to that Act within 7 days of being informed of that decision, the date on which the party receives that document.
Revocation
3.
The Mental Health (Period for Appeal) Regulations 2005[2] are hereby revoked.
LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
9th September 2005
(This note is not part of the Regulations)
These Regulations replace (with amendments to the title of the instrument) the Mental Health (Period for Appeal) Regulations 2005 (S.S.I. 2005/416) which are revoked by these Regulations. (regulation 3). The content of the Regulations is otherwise the same.
Section 324(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the Act") gives power to the Scottish Ministers to specify the period within which an appeal to the Court of Session under section 322(2) of the Act is to be made. These Regulations specify that period as 21 days.
Paragraph 13(3) of schedule 2 to the Act requires a decision of the Mental Health Tribunal for Scotland to be recorded in a document containing a full statement of the facts found and the reasons for the decision. The period of 21 days is linked in these Regulations either to the date on which the party is informed of the decision or, where the party has requested a copy of the document containing the facts found and reasons for the decision within 7 days of being informed of the decision, the date of receipt of that document.
Notes:
[1] 2003 asp 13. See section 329 for the definition of "regulations".back
ISBN 0 11 069697 2