The Mental Health (Northern Ireland) Order 1986 No. 595 (NI. 4)

SCHEDULES

Article 70(1).

SCHEDULE 3 N.I. THE MENTAL HEALTH REVIEW TRIBUNAL FOR NORTHERN IRELAND

1.  The Review Tribunal shall consist of—

(a) a number of persons (referred to in this Schedule as “the legal members”) appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable [F1 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 Lord ChancellorF2 . . . ; and

(c) a number of persons appointed by the Lord ChancellorF3 . . . and having such experience in administration, such knowledge of [F4 social care] or such other qualifications or experience as the Lord Chancellor considers suitable.

F1 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)

F2 Words in Sch. 3 para. 1(b) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 75(2)(b), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10,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)

F3 Words in Sch. 3 para. 1(c) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 75(2)(b), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10,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)

F4 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

[F5 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.]

F5 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.  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 theF6 Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.

F6 By Justice (Northern Ireland) Act 2002 (c. 26), ss. 5, 87, Sch. 3 para. 39(3) it is provided that for the words "Lord Chancellor" there shall be substituted (prosp.) "Office of the First Minister and deputy First Minister" in Sch. 3 para. 2. (This amendment does not come into operation before the said amending Sch. 3 is subsequently substituted (12.4.2010) by the Northern Ireland Act 2009 (c. 3), Sch. 3 para. 13; S.I. 2010/812, art. 2. The new Sch. 3 of the Justice (Northern Ireland) Act 2002 (c. 26) does not amend other legislation, therefore this amendment never comes into operation.)

3.  One of the legal members of the Review Tribunal shall be appointed by theF7 Lord Chancellor as chairman of the tribunal and another legal member shall be so appointed as deputy chairman.

F7 By Justice (Northern Ireland) Act 2002 (c. 26), ss. 5, 87, Sch. 3 para. 39(4) it is provided that for the words "Lord Chancellor" there shall be substituted (prosp.) "First Minister and deputy First Minister, acting jointly," in Sch. 3 para. 3. (This amendment does not come into operation before the said amending Sch. 3 is subsequently substituted (12.4.2010) by the Northern Ireland Act 2009 (c. 3), Sch. 3 para. 13; S.I. 2010/812, art. 2. The new Sch. 3 of the Justice (Northern Ireland) Act 2002 (c. 26) does not amend other legislation, therefore this amendment never comes into operation.)

4.—(1) Subject to sub-paragraph (2) and to rules made by the Lord Chancellor under Article 83(2)(b), the Review Tribunal when sitting for the purposes of any proceedings under this Order 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.

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

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.