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Mental Health Act 1983

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Mental Health Act 1983, SCHEDULE 2 is up to date with all changes known to be in force on or before 24 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Sch. 2 para. 3 substituted by 2007 c. 12 s. 38(6)
  • Sch. 2 para. 4 word substituted by 2007 c. 12 s. 38(7)(a)
  • Sch. 2 para. 6 word substituted by 2007 c. 12 s. 38(9)(a)
  • Sch. 2 para. 6 word substituted by 2007 c. 12 s. 38(9)(b)
  • Sch. 2 para. 5 words substituted by 2007 c. 12 s. 38(8)(a) (This amendment is not applied to legislation.gov.uk. S. 38(8) repealed (3.11.2008) without ever being in force by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(p))
  • Sch. 2 para. 5 words substituted by 2007 c. 12 s. 38(8)(b) (This amendment is not applied to legislation.gov.uk. S. 38(8) repealed (3.11.2008) without ever being in force by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(p))

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

  • Act applied by 1996 c. 46 Sch. 2 para. 9(replacing1968 c 20 s. 23) (Act applied (prosp.) by 1968 c. 20, s. 23(4) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act applied (prosp.) by 1957 c. 53, s. 63C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
  • Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act power to applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act: Power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act: Power to apply conferred (prosp.) by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 65(2).

SCHEDULE 2E+W Mental Health Review [F1Tribunal for Wales]

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Amendments (Textual)

1[F2The Mental Health Review Tribunal for Wales] shall consist of—E+W

(a)a number of persons (referred to in this Schedule as “the legal members”) appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable;

(b)a number of persons (referred to in this Schedule as “the medical members”) being registered medical practitioners appointed by the Lord Chancellor F3. . . ; and

(c)a number of persons appointed by the Lord Chancellor F3. . . and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chancellor considers suitable.

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Amendments (Textual)

Modifications etc. (not altering text)

C1Sch. 2 para. 1(b)(c): Functions of the Lord Chancellor, so far as they are exercisable by him in relation to Wales, to be exercised only with the agreement of or after the consultation with the Assembly of Wales (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[F41AAs part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.]E+W

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Amendments (Textual)

2[F5Subject to paragraph 2A below,]the members of [F6the Mental Health Review Tribunal for Wales] shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.E+W

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Amendments (Textual)

[F72AA member of [F8the Mental Health Review Tribunal for Wales] shall vacate office on the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).]E+W

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Amendments (Textual)

3One of the legal members of [F9the Mental Health Review Tribunal for Wales] shall be appointed by the Lord Chancellor as chairman of the Tribunal.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Words in Sch. 2 para. 3 (as it has effect before the commencement of s. 38(6) of the Mental Health Act 2007) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 6, Sch. 3 para. 67(e)

4Subject to rules made by the Lord Chancellor under section 78(2)(c) above, the members who are to constitute [F10the Mental Health Review Tribunal for Wales] for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the chairman of the tribunal or F11. . . , by another member of the tribunal appointed for the purpose by the chairman ; and of the members so appointed—E+W

(a)one or more shall be appointed from the legal members;

(b)one or more shall be appointed from the medical members; and

(c)one or more shall be appointed from the members who are neither legal nor medical members.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F125(1)A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales.E+W

[F13(1A)A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales.]

(2)Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales.

(3)Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) [F14or (1A)] to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13Sch. 2 para. 5(1A) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(3)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/351, reg. 2(2)

F14Words in Sch. 2 para. 5(3) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

6Subject to any rules made by the Lord Chancellor under section 78(4)(a) above, where the chairman of the tribunal is included among the persons appointed under paragraph 4 above, he shall be president of the tribunal; and in any other case the president of the tribunal shall be such one of the members so appointed (being one of the legal members) as the chairman may nominate.E+W

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