The Mental Health (Northern Ireland) Order 1986

Article 70(1).

SCHEDULE 3 N.I. [F1 THE REVIEW TRIBUNAL]

F1 Sch. 3 title substituted (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(2) (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

1.  The Review Tribunal shall consist of— N.I.

(a) a number of persons (referred to in this Schedule as “the legal members”) appointed by the [F2 Northern Ireland Judicial Appointments Commission] and having such legal experience as the [F3 [F4 Department of Justice]] considers suitable [F5 after consultation with the Lord Chief Justice];

(b) a number of persons (referred to in this Schedule as “the medical members”) being medical practitioners appointed by the [F6 Northern Ireland Judicial Appointments Commission]F7 . . . ; and

(c) a number of persons appointed by the [F2 Northern Ireland Judicial Appointments Commission]F8 . . . and having such experience in administration, such knowledge of [F9 social care] or such other qualifications or experience as the [F3 [F10 Department of Justice]] considers suitable.

F2 Words in Sch. 3 para. 1(a)(c) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(2)(a) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F3 Words in Sch. 3 para. 1(a)(c) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(2)(b) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F4 Words in Sch. 3 para. 1(a) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 6; S.R. 2010/147, art. 2(2)

F5 Words in Sch. 3 para. 1(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 75(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(a)

F6 Words in Sch. 3 para. 1(b) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F7 Words in Sch. 3 para. 1(b) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 75(2)(b), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(a), 29, 30(c)

F8 Words in Sch. 3 para. 1(c) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 75(2)(b), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(a), 29, 30(c)

F9 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

F10 Words in Sch. 3 para. 1(c) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 6; S.R. 2010/147, art. 2(2)

[F11 1A— (1) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph 1(a)— N.I.

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(2) As part of the selection process for an appointment under paragraph 1(b) or (c) the Northern Ireland Judicial Appointments Commission shall consult the Head of the Department.]

F11 Sch. 3 para. 1A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 75(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 10, 12(a)

2.— [F12 (1)]  The members of the Review Tribunal shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the[F13 Northern Ireland Judicial Appointments Commission]; and any such member who ceases to hold office shall be eligible for re-appointment. N.I.

[F14 (2) The terms mentioned in sub-paragraph (1) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the [F15 Department of Justice].]

F12 Sch. 3 para. 2 renumbered (12.4.2010) as Sch. 3 para. 2(1) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F13 Words in Sch. 3 para. 2 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F14 Sch. 3 para. 2(2) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F15 Words in Sch. 3 para. 2(2) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 6; S.R. 2010/147, art. 2(2)

3.  One of the legal members of the Review Tribunal shall be appointed by the [F16 Northern Ireland Judicial Appointments Commission] as chairman of the tribunal and another legal member shall be so appointed as deputy chairman. N.I.

F16 Words in Sch. 3 para. 3 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

4.—(1) Subject to sub-paragraph (2) [F17 and paragraph 7] and to rules made by the Lord Chancellor under Article 83(2)(b), the Review Tribunal when sitting for the purposes of any proceedings F18 ... shall consist of a legal member, a medical member and a member who is neither a legal nor a medical member. N.I.

(2) If the chairman of the tribunal, either in a particular case or class of case or generally, so directs the Review Tribunal—

(a) may, for the purposes of any proceedings, consist of one or more other members in addition to those referred to in sub-paragraph (1);

(b) may, for the purposes of any proceedings which are of a preliminary, incidental or interlocutory nature, consist of one member.

F17 Words in Sch. 3 para. 4(1) inserted (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(3)(a) (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

F18 Words in Sch. 3 para. 4(1) repealed (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(3)(b), Sch. 11 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

5.  The chairman of the Review Tribunal shall appoint the members who are to constitute the tribunal for the purpose of any proceedings F19 .... N.I.

F19 Words in Sch. 3 para. 5 repealed (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(4), Sch. 11 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

6.  Subject to any rules made by the Lord Chancellor under Article 83(4), where the chairman of the tribunal is included among the persons appointed under paragraph 5, he shall be president of the tribunal; and in any other case the president of the tribunal shall be such one of the members so appointed (being one of the legal members) as the chairman may nominate. N.I.

[F20 7   In any proceedings which are to be heard and determined by the Review Tribunal constituted as mentioned in paragraph 4(1) or (2)(a), the proceedings may with the consent of the parties be heard and determined in the absence of any one member other than the president, and in that event the tribunal is to be treated as properly constituted.] N.I.

F20 Sch. 3 para. 7 inserted (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(5) (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)