1998 No. 1189
The Mental Health Review Tribunal (Amendment) Rules 1998
Made
Laid before Parliament
Coming into force
The Lord Chancellor in exercise of the powers conferred on him by section 78(1) to (5) of the Mental Health Act 19831 and of all other powers enabling him in that behalf, and after consulting with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19922, hereby makes the following Rules:
Citation and commencement1
These Rules may be cited as the Mental Health Review Tribunal (Amendment) Rules 1998 and shall come into force on 1st June 1998.
Amendment of the Mental Health Review Tribunal Rules 19832
1
The Mental Health Review Tribunal Rules 19833 shall be amended in accordance with the following provisions of this rule.
2
In rule 7 (notice to other persons interested) for the words “restricted patient,” there shall be substituted the words “conditionally discharged patient,”.
3
In rule 25(2) (further consideration after decision with recommendations) the words “and, in the case of a restricted patient, the Secretary of State” shall be omitted.
4
In rule 29 (references)—
a
in paragraph (a) after the word “apply” there shall be added the words “and where a reference is made under section 75(1) of the Act rule 20 shall also not apply;”;
b
in paragraph (c) after the word “application;” there shall be added the words
and where a reference is made under section 75(1) of the Act—
i
rule 6(2) shall apply as if the period of time specified therein was 2 weeks instead of 3 weeks; and
ii
on receipt of the authority’s statement, the tribunal shall give notice of the date, time and place fixed for the hearing to any person whom the tribunal notifies of the proceedings under rule 7;
c
after paragraph (c) there shall be inserted the following paragraph—
cc
where a reference is made under section 75(1) of the Act, on receipt of the reference the tribunal shall—
i
fix a date for the hearing being not later than eight weeks, nor earlier than five weeks, from the date on which the reference was received;
ii
fix the time and place for the hearing; and
iii
give notice of the date, time and place of the hearing to the patient, the responsible authority and the Secretary of State;
(This note is not part of the Rules)