The Mental Health Review Tribunal for Wales Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules are made under section 78 of the Mental Health Act 1983(1) and govern the practice and procedure to be followed in proceedings before the Mental Health Review Tribunal for Wales (“the Tribunal”). Rule 11 also makes provision for circumstances where a person may not sit as a Tribunal member, and for the approval of members qualified to serve as president of the Tribunal for the consideration of an application or reference relating to a restricted patient.

These Rules replace the Mental Health Review Tribunal Rules 1983(2), which governed the practice and procedure of Mental Health Review Tribunals in England and Wales. However, as a result of the transfer of the functions of the Mental Health Review Tribunals for England to the First-tier Tribunal under the Tribunals, Courts and Enforcement Act 2007(3), and the making of new Tribunal Procedure Rules to govern the First-tier Tribunal, these Rules need only govern the procedure of the Tribunal.

Part 1 contains provisions for interpreting and applying the Rules and sets out the overriding objective of the Rules.

Part 2 contains general powers and provisions including the Tribunal’s general case management powers, the giving of directions, the service of documents and rules about evidence, submissions and witnesses.

Part 3 contains provisions on starting proceedings and on statements by authorities. It also makes provision for hearings and for decisions made by the Tribunal.

Part 4 deals with correcting and appealing against Tribunal decisions.

Part 5 revokes the Mental Health Review Tribunal Rules 1983 and instruments which amended those Rules.

(1)

1983 c.20.

(2)

S.I. 1983/942. The 1983 Rules were amended by the Mental Health Review Tribunal (Amendment) Rules 1996 (S.I. 1996/314) and the Mental Health Review Tribunal (Amendment) Rules 1998 (S.I. 1996/1189).

(3)

2007 c.15.