The Transfer of Tribunal Functions Order 2008

Mental Health Act 1983

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”.