Scottish Ministers have amended the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 to create a clear route for handling UNCRC‑related compatibility questions in tribunal cases. The Amendment Rules take effect on 1 April 2026 and are made to implement procedures connected to the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. (legislation.gov.uk)
The Rules update the interpretation provisions so the 2024 Act is expressly referenced, the statutory meaning of a ‘compatibility question’ is adopted, and the Lord Advocate, the Children and Young People’s Commissioner in Scotland, and the Scottish Commission for Human Rights are identified as relevant authorities for intimation. These align the tribunal’s practice language with the Act’s notification and participation framework. (legislation.gov.uk)
Under section 31 of the 2024 Act, a compatibility question concerns whether words in an enactment engage an incompatibility with UNCRC requirements or whether a public authority has acted, or proposes to act, unlawfully under section 6(1). Contentions classed by the tribunal as frivolous or vexatious do not raise such a question. (legislation.gov.uk)
New rule 43A permits a party or relevant person to raise a compatibility question at any stage. Where detail is insufficient, the Tribunal may direct further particulars; it must also consider whether any contention is frivolous or vexatious with reference to section 31(3), before intimating the matter to the relevant authorities under section 34(1). (legislation.gov.uk)
Following intimation, any relevant authority may participate as a party so far as the proceedings relate to the compatibility question. The Rules set two time limits: notice of intention to take part within 14 days of intimation (extendable in exceptional circumstances) and written submissions within 7 days of that notice, in the form the Tribunal specifies. The Tribunal must provide the documents necessary for the authority’s consideration of the issue. (legislation.gov.uk)
The Tribunal may list a separate hearing to consider the compatibility question and may suspend the wider proceedings while the issue is determined. A relevant authority that does not join at first instance is not barred from intervening on appeal, and-on request-the Tribunal must notify that authority of the outcome on the question, including any related appeal.
A new rule 72A addresses references to the Inner House of the Court of Session. Where a compatibility question is referred, the Tribunal must intimate the reference to all parties and to the relevant authorities and provide the papers; a relevant authority may take part at that stage even if absent below. Section 35(2) of the 2024 Act sets the duty for tribunals with no appeal route to refer such questions to the Inner House, with discretion for other tribunals. (legislation.gov.uk)
For practitioners, the practical effect is clearer case management around children’s rights issues. Compatibility points should be set out with concise facts and legal contentions, and internal calendars should track the 14‑day intention and 7‑day submission milestones to support timely participation by relevant authorities. Expect broader document sharing where an authority indicates an intention to take part.
The amendments sit within the existing structure of the 2005 Rules: rule 43A follows interim or preliminary matters and rule 72A follows the decision provisions. The overriding objective-handling proceedings fairly, expeditiously and efficiently-continues to guide how compatibility questions are managed. (legislation.gov.uk)
The update aligns tribunal practice with the courts’ UNCRC procedures and follows external pressure to complete tribunal rule changes. In August 2025, the Children and Young People’s Commissioner Scotland reported that Ministers had committed to consult on and lay tribunal rules by mid‑January 2026 following judicial review activity on the absence of such procedures. (cypcs.org.uk)