The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

Notice of proceedings to interested persons

This sectionnoteType=Explanatory Memorandum has no associated

33.  When the Tribunal receives the information required by rule 32(4), (5) or (6) (procedure in mental health cases) the Tribunal must give notice of the proceedings—

(a)where the patient is subject to the guardianship of a private guardian, to the guardian;

(b)where there is an extant order of the Court of Protection, to that court;

(c)subject to a patient with capacity to do so requesting otherwise, where any person other than the applicant is named by the authority as exercising the functions of the nearest relative, to that person;

(d)where a health authority, Primary Care Trust, National Health Service trust or NHS foundation trust has a right to discharge the patient under the provisions of section 23(3) of the Mental Health Act 1983, to that authority or trust; and

(e)to any other person who, in the opinion of the Tribunal, should have an opportunity of being heard.