Mental Health Act 1983

Changes over time for: Section 78

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Mental Health Act 1983, Section 78 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 78:

s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)

78 Procedure of [F1Mental Health Review Tribunal for Wales].E+W

(1)The Lord Chancellor may make rules with respect to the making of applications to [F2the Mental Health Review Tribunal for Wales] and with respect to the proceedings of [F3that tribunal] and matters incidental to or consequential on such proceedings.

(2)Rules made under this section may in particular make provision—

(a)for enabling [F4the tribunal], or the [F5President] of [F4the tribunal], to postpone the consideration of any application by or in respect of a patient, or of any such application of any specified class, until the expiration of such period (not exceeding 12 months) as may be specified in the rules from the date on which an application by or in respect of the same patient was last considered and determined [F6under this Act by the tribunal or the First-tier Tribunal];

[F7(b)for the transfer of proceedings to or from the Mental Health Review Tribunal for Wales in any case where, after the making of the application, the patient is moved into or out of Wales;]

(c)for restricting the persons qualified to serve as members of [F4the tribunal] for the consideration of any application, or of an application of any specified class;

(d)for enabling [F4the tribunal] to dispose of an application without a formal hearing where such a hearing is not requested by the applicant or it appears to the tribunal that such a hearing would be detrimental to the health of the patient;

(e)for enabling [F4the tribunal] to exclude members of the public, or any specified class of members of the public, from any proceedings of the tribunal, or to prohibit the publication of reports of any such proceedings or the names of any persons concerned in such proceedings;

(f)for regulating the circumstances in which, and the persons by whom, applicants and patients in respect of whom applications are made to [F4the tribunal] may, if not desiring to conduct their own case, be represented for the purposes of those applications;

(g)for regulating the methods by which information relevant to an application may be obtained by or furnished to the tribunal, and in particular for authorising the members of [F4the tribunal], or any one or more of them, to visit and interview in private any patient by or in respect of whom an application has been made;

(h)for making available to any applicant, and to any patient in respect of whom an application is made to [F4the tribunal], copies of any documents obtained by or furnished to the tribunal in connection with the application, and a statement of the substance of any oral information so obtained or furnished except where the tribunal considers it undesirable in the interests of the patient or for other special reasons;

(i)for requiring [F4the tribunal], if so requested in accordance with the rules, to furnish such statements of the reasons for any decision given by the tribunal as may be prescribed by the rules, subject to any provision made by the rules for withholding such a statement from a patient or any other person in cases where the tribunal considers that furnishing it would be undesirable in the interests of the patient or for other special reasons;

(j)for conferring on the [F8tribunal] such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of [F9its] functions under this Act;

(k)for enabling any functions of [F4the tribunal] which relate to matters preliminary or incidental to an application to be performed by the [F10President] of the tribunal.

(3)Subsections (1) and (2) above apply in relation to references to [F11the Mental Health Review Tribunal for Wales] as they apply in relation to applications to [F12that tribunal] by or in respect of patients.

(4)Rules under this section may make provision as to the procedure to be adopted in cases concerning restricted patients and, in particular—

(a)for restricting the persons qualified to serve as [F13chairman] of [F14the tribunal] for the consideration of an application or reference relating to a restricted patient;

[F15(b)for the transfer of proceedings to or from the tribunal in any case where, after the making of a reference or application in accordance with section 71(4) or 77(4) above, the patient begins or ceases to reside in Wales.]

(5)Rules under this section may be so framed as to apply to all applications or references or to applications or references of any specified class and may make different provision in relation to different cases.

(6)Any functions conferred on the [F16President] of [F17the Mental Health Review Tribunal for Wales] by rules under this section may F18. . . be exercised by another member of that tribunal appointed by him for the purpose.

(7)[F19The Mental Health Review Tribunal for Wales] may pay allowances in respect of travelling expenses, subsistence and loss of earnings to any person attending the tribunal as an applicant or witness, to the patient who is the subject of the proceedings if he attends otherwise than as the applicant or a witness and to any person (other than [F20an authorised person (within the meaning of Part 3)]) who attends as the representative of an applicant.

(8)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)[F22Part I of the Arbitration Act 1996] shall not apply to any proceedings before [F23the Mental Health Review Tribunal for Wales] except so far as any provisions of that Act may be applied, with or without modifications, by rules made under this section.

Textual Amendments

F1Words in s. 78 heading substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(1)

F2Words in s. 78(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(2)(a)

F3Words in s. 78(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(2)(b)

F4Words in s. 78(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(3)(a)

F5Word in s. 78(2)(a) substituted (1.12.2017) by Mental Health Act 2007 (c. 12), ss. 38(3)(a), 56(1); S.I. 2017/1038, art. 2

F6Words in s. 78(2)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(3)(b)

F7S. 78(2)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(3)(c)

F8Word in s. 78(2)(j) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(3)(d)(i)

F9Word in s. 78(2)(j) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(3)(d)(ii)

F10Word in s. 78(2)(k) substituted (1.12.2017) by Mental Health Act 2007 (c. 12), ss. 38(3)(a), 56(1); S.I. 2017/1038, art. 2

F11Words in s. 78(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 59(4)(a)