The Mental Health Review Tribunal for Wales Rules 2008

Interpretation

2.—(1) In these Rules—

“the Act” means the Mental Health Act 1983;

“applicant” means a person who—

(a)

starts Tribunal proceedings, whether by making an application or a reference, or

(b)

is substituted as a party under rule 12 (substitution and addition of parties);

“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

“final determination” means a decision of the Tribunal which disposes of proceedings, including a decision with recommendations or a deferred decision for conditional discharge, but a refusal of an application for permission to appeal under rule 30 (application for permission to appeal) is not a final determination;

“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

“interested party” means a person added as an interested party under rule 12 (substitution and addition of parties);

“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990(1);

“party” means the patient, the responsible authority, the Secretary of State (if the patient is a restricted patient), the Welsh Ministers or Secretary of State in a reference under rule 15(7) (seeking approval under section 86 of the Act) and any other person who starts a case by making an application or referring a matter to the Tribunal under the Act;

“registered person” means the person or persons registered in respect of a registered establishment;

“responsible authority” means—

(a)

in relation to a patient detained under the Act in a hospital within the meaning of Part 2 of that Act, the managers (as defined in section 145 of the Act);

(b)

in relation to a patient subject to guardianship, the responsible local social services authority as defined in section 34(3) of the Act;

(c)

in relation to a community patient, the managers of the responsible hospital (as defined in section 145 of the Act);

(d)

in relation to a patient subject to after-care under supervision, the local health board or primary care trust which has the duty to provide such after-care for the patient;

“restricted patient” has the meaning set out in section 79(1) of the Act;

“Tribunal” means the Mental Health Review Tribunal for Wales;

“working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(2).

(2) In these Rules, any reference to a rule or Schedule alone is a reference to a rule or Schedule in these Rules.

(1)

1990 c.41.

(2)

1971 c.80.