Proposed rules published for First-tier Tribunal mental health chamber

Proposed rules covering the pending transfer of the Mental Health Tribunal for Scotland (MHTS) to the Scottish Tribunals, and the operation of the new Mental Health Chamber of the First-tier Tribunal, have been published for consultation.

The functions and members of the MHTS are planned to transfer into the Scottish Tribunals on 12 November 2018. The MHTS as it presently stands will then be abolished. Legal aid will continue to be available in the First-tier Tribunal Mental Health Chamber and the Upper Tribunal.

The draft rules cover:

• the transfer of functions and members of the Mental Health Tribunal for Scotland to the Scottish Tribunals;
• the rules of procedure for the First-tier Tribunal for Scotland Mental Health Chamber;
• the rules of procedure for the Upper Tribunal for Scotland when hearing cases from the First-tier Tribunal Mental Health Chamber;
• the composition of the First-tier and Upper Tribunals for Scotland;
• the eligibility for membership of the First-tier Tribunal for Scotland Mental Health Chamber; and
• time limits for seeking permission to appeal a decision of the First-tier Tribunal for Scotland Mental Health Chamber.

The policy intent is for the MHTS to transfer into the Scottish Tribunals structure with their existing membership and functions insofar as practicable and insofar as is in line with existing legislation. The draft regulations propose that the President of the MHTS transfers in as Chamber President of the First-tier Tribunal Mental Health Chamber. Medical and general members of the MHTS will transfer in as ordinary members of the First-tier Tribunal. In practice they will be allocated to the Mental Health Chamber.

Click here to access the consultation. The deadline for responses is 20 May 2018.