The Transfer of Tribunal Functions Order 2008

Mental Health Act 1983

58.  In section 77 (general provisions concerning tribunal applications)—

(a) in subsection (1) for “a Mental Health Review Tribunal by or in respect of a patient” substitute “the appropriate tribunal by or in respect of a patient under this Act”;

(b) in subsection (2) for “a Mental Health Review Tribunal” substitute “the appropriate tribunal”;

(c) in subsection (3)—

(i) for “a Mental Health Review Tribunal” substitute “a tribunal”;

(ii) in paragraph (a), for “to the tribunal for the area in which that hospital is situated” substitute “to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales”;

(iii) in paragraph (b), for “to the tribunal for the area in which the responsible hospital is situated” substitute “to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales”; and

(iv) in paragraph (c), for “to the tribunal for the area in which the patient is residing” substitute “to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales”; and

(d) in subsection (4) for “to the tribunal for the area in which the patient resides” substitute “to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales”.