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The Mental Health Review Tribunal (Amendment) Rules 1998
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- 1998 No. 1189
- Explanatory Note
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Explanatory Note
(This note is not part of the Rules)
These Rules further amend the Mental Health Review Tribunal Rules 1983 (“the 1983 Rules”).
Rule 7 of the 1983 Rules is amended to provide that the tribunal must give notice of proceedings to the persons specified in that rule on receipt of the authority’s statement except in the case a conditionally discharged patient where the notice is to be given on receipt of the Secretary of State’s statement (rule 2(2)).
Rule 2(3) revokes a provision in rule 25(2) of the 1983 Rules which purports to enable the tribunal to reconvene proceedings after giving notice of the hearing to the Secretary of State where the tribunal has made a decision with recommendations in the case of a restricted patient.
Rule 2(4) amends rule 29 of the 1983 Rules to provide that where the tribunal receives a reference from the Secretary of State under section 75(1) of the Mental Health Act 1983 (references concerning conditionally discharged restricted patients on recall) the tribunal shall immediately arrange for a hearing to take place within eight weeks; and makes other, consequential changes.
These Rules impose no costs on business.
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