(1)No application shall be made to [F1the appropriate tribunal by or in respect of a patient under this Act] except in such cases and at such times as are expressly provided by this Act.
(2)Where under this Act any person is authorised to make an application to [F2the appropriate tribunal] within a specified period, not more than one such application shall be made by that person within that period but for that purpose there shall be disregarded any application which is withdrawn in accordance with [F3Tribunal Procedure Rules or] rules made under section 78 below.
(3)Subject to subsection (4) below an application to [F4a tribunal] authorised to be made by or in respect of a patient under this Act shall be made by notice in writing addressed
[F5(a)in the case of a patient who is liable to be detained in a hospital, [F6to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales];
(b)in the case of a community patient, [F7to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales];
(c)in the case of a patient subject to guardianship, [F8to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales].]
(4)Any application under section 75(2) above shall be made [F9to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales].
Textual Amendments
F1Words in s. 77(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(a)
F2Words in s. 77(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(b)
F3Words in s. 77(2) inserted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 161 (with Sch. 5)
F4Words in s. 77(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(c)(i)
F5S. 77(3)(a)(b)(c) substituted (3.11.2008) for words in s. 77(3) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 23 (with Sch. 10); S.I. 2008/1210, art. 2(b) (with art. 4)
F6Words in s. 77(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(c)(ii)
F7Words in s. 77(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(c)(iii)
F8Words in s. 77(3)(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(c)(iv)
F9Words in s. 77(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 58(d)
Modifications etc. (not altering text)