Development of Rule 73 - Mental Health Tribunal for Scotland Rules 2005: FOI release

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

Information requested

You requested for information relating to the development of Rule 73 (publication of decisions) of the Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005.


Annex A, attached, is some of the information we hold.  While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.  This is because exemptions under sections 36(1) (legal advice) and 38(1)(b) (personal information) of FOISA apply to that information.

The reasons why these exemptions apply are explained in the Annex B to this letter.

Notes on Annex A

  • The information within the scope of your request includes drafts of the Rule itself (often present in a full draft of all Rules), direct discussion of the Rule in question and discussion of the Rules as a whole (as this includes the Rule in question).  I have not included incidental information unrelated to the development of the Rule in question as this is outwith the scope of the request – I have labelled these redactions as such.  Where information is within scope of your request but covered by an exemption, I have redacted this.  The exemptions are explained in more detail Annex B.
  • While some documents (such as external consultation responses) have previously been released in full as part of other FOI requests, I have included only the information within scope in the interests of providing a clearer response.
  • Throughout the drafting process, the numbering of specific Rules changes but I have taken account of this in my response by only providing information on the relevant Rule.
  • For redaction due to exemption under 36(1) of FOISA or because information is outwith the scope of your request, I have noted the reason for this.  Any redaction without a reason given relates to S.38(1)(b), personal information of a third party, as explained in Annex B.

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-19-01080 Annex A
FoI-19-01080 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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