The Mental Health Review Tribunals (Regions) Order 2003

Statutory Instruments

2003 No. 2251

MENTAL HEALTH, ENGLAND

The Mental Health Review Tribunals (Regions) Order 2003

Made

30th August 2003

Laid before Parliament

8th September 2003

Coming into force

29th September 2003

The Secretary of State for Health, in exercise of powers conferred upon him by section 65(1B) and (1C) of the Mental Health Act 1983(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Mental Health Review Tribunals (Regions) Order 2003 and shall come into force on 29th September 2003.

Determination of regions

2.  Each of the regions described in column (2) of the Schedule to this Order is hereby determined as a region for the purposes of section 65(1A)(a)(2) of the Mental Health Act 1983 (regions of England for which there are to be Mental Health Review Tribunals) and shall be known by the name specified in relation to it in column (1) of that Schedule.

Transitional provisions

3.—(1) In this article—

“former region” means a region determined in accordance with the Mental Health Review Tribunals (Regions) Order 1998(3) and in existence immediately before 29th September 2003;

“new region” means a region determined by article 2 of this Order;

“relevant new region” means—

(a)

in relation to the former regions Trent and Northern and Yorkshire Region and West Midlands and North West Region, and in relation to the former region of North London and East Region (Bedfordshire, Cambridgeshire, Norfolk, Northamptonshire, and Suffolk), the new Northern Region;

(b)

in relation to the former region of South London and South and West Region, and in relation to the former region of North London and East Region, except in relation to Bedfordshire, Cambridgeshire, Norfolk, Northamptonshire, and Suffolk, the new Southern Region.

“Tribunal” means a Mental Health Review Tribunal.

(2) Anything done by or in relation to, or any application or reference made to or in relation to, or any direction, authorisation or notice given by or in relation to, the Tribunal for a former region before 29th September 2003 is deemed to have been done by or in relation to, or made to or in relation to, or given by or in relation to, the Tribunal for the relevant new region.

(3) On 29th September 2003 all the rights and liabilities of the Tribunal for a former region shall be transferred to the tribunal for the relevant new region.

(4) Any person who, immediately before 29th September 2003, was a member of a Tribunal for a former region is deemed to have been appointed to be a member of the Tribunal for the relevant new region and any reference in the instrument under which he was appointed to a Tribunal for a former region is deemed to be a reference to the Tribunal for the relevant new region.

Revocation

4.  The Mental Health Review Tribunals (Regions) Order 1998 is hereby revoked.

Signed by authority of the Secretary of State for Health

Rosie Winterton

Minister of State,

Department of Health

30th August 2003

Article 2

SCHEDULE REGIONS OF MENTAL HEALTH REVIEW TRIBUNALS

Column (1)	Column (2)
Name of region	Description of region
Southern Region	The counties of Gloucestershire, Oxfordshire, Buckinghamshire, Hertfordshire and Essex and all that part of England that lies to the south and south west of those counties.
Northern Region	All that part of England that is not part of the Southern Region.

Explanatory Note

(This note is not part of the Order)

This Order determines the regions of England for which Mental Health Review Tribunals are to exercise jurisdiction under the Mental Health Act 1983 from 29th September 2003. The Order further reduces the number of such regions from 4 to 2 and makes transitional provisions to ensure continuity of any matters pending before 29th September 2003.

(1)

1983 c. 20. Section 65(1B) and (1C) were inserted by the Health Authorities Act 1995 (“the 1995 Act”), section 2(1) and Schedule 1, paragraph 107(6).

(2)

Section 65(1A)(a) was inserted by the 1995 Act, section 2(1) and Schedule 1, paragraph 107(6).

(3)

S.I. 1998/1460.