Consultations on Mental Health Tribunal Practice and Procedure Rules 2005: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

You requested the following information:

‘I would like to find out more about the Mental Health Tribunal Practice and Procedure Rules 2005, and how they came into being as subordinate legislation.

I would like access to:
1. the individual consultation responses which were published, and
2. the government's analysis of them and its response to them.’


Annex A, attached, is some of the information we hold as requested in your first question.  While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.  An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party (the names and contact details of Scottish Government officials and the individual names and contact details of some respondents) and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.  This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Annex B, attached, is all of the information we hold as requested in your second question.

About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FoI-19-00814 Annex A
FoI-19-00814 Annex B


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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