The Mental Health Review Tribunal for Wales Rules 2008

PART 1 Introduction

Citation and commencement

1.  These Rules may be cited as the Mental Health Review Tribunal for Wales Rules 2008 and come into force on 3rd November 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.

Overriding objective

3.—(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly, justly, efficiently and expeditiously.

(2) Dealing with a case in accordance with paragraph (1) includes—

(a) avoiding unnecessary formality and seeking flexibility in the proceedings;

(b) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;

(c) using any special expertise of the Tribunal effectively; and

(d) avoiding delay, so far as compatible with proper consideration of the issues.

(3) The Tribunal must seek to give effect to the overriding objective when it—

(a) exercises any power under these Rules; or

(b) interprets any rule.

(1)

1990 c.41.

(2)

1971 c.80.