Search Legislation

The Transfer of Tribunal Functions Order 2008

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening OptionsExpand opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Mental Health Act 1983

This section has no associated Explanatory Memorandum

59.  Section 78 (procedure of tribunals) is amended as follows.

(1) In the heading, for “tribunals” substitute “Mental Health Review Tribunal for Wales”.

(2) In subsection (1)—

(a)for “Mental Health Review Tribunals” substitute “the Mental Health Review Tribunal for Wales”; and

(b)for “such tribunals” substitute “that tribunal”.

(3) In subsection (2)—

(a)for “a tribunal”, in each place, substitute “the tribunal”;

(b)in paragraph (a) for the words from “by that or” to the end substitute “under this Act by the tribunal or the First-tier Tribunal”;

(c)for paragraph (b) substitute—

(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;; and

(d)in paragraph (j)—

(i)for “tribunals” substitute “tribunal”; and

(ii)for “their” substitute “its”.

(4) In subsection (3)—

(a)for “Mental Health Review Tribunals” substitute “the Mental Health Review Tribunal for Wales”; and

(b)for “such tribunals” substitute “that tribunal”.

(5) In subsection (4)—

(a)for “a tribunal”, in each place, substitute “the tribunal”; and

(b)for paragraph (b) substitute—

(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.

(6) In subsection (6) for “a Mental Health Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”.

(7) In subsection (7) for “A Mental Health Review Tribunal” substitute “The Mental Health Review Tribunal for Wales”.

(8) Omit subsection (8).

(9) In subsection (9) for “a Mental Health Review Tribunal” substitute “the Mental Health Review Tribunal for Wales”.

Back to top

Options/Help

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?