Mental Health Act 2007

38 Organisation

(1) The 1983 Act is amended as follows.

(2) In section 65 (Mental Health Review Tribunals), for subsections (1) to (1C) substitute—

“(1) There shall be—

(a) a Mental Health Review Tribunal for England; and

(b) a Mental Health Review Tribunal for Wales.

(1A) The purpose of the Mental Health Review Tribunals is to deal with applications and references by and in respect of patients under the provisions of this Act.”

(3) In section 78 (procedure of tribunals)—

(a) in subsections (2)(a) and (k) and (6), for “chairman” substitute “President”,

(b) in subsection (2)(a), for “any other” substitute “the other”,

(c) in subsections (2)(b) and (4)(b), for “another” substitute “the other”,

(d) in subsection (4)(a), for “president” substitute “chairman”, and

(e) in subsection (6) omit “, if for any reason he is unable to act,”.

(4) In section 79 (interpretation of Part 5), for subsection (7) substitute—

“(7) For the purposes of this Part of this Act—

(a) the area of the Mental Health Review Tribunal for England is England; and

(b) the area of the Mental Health Review Tribunal for Wales is Wales.”

(5) Schedule 2 (Mental Health Review Tribunals) is amended as set out in subsections (6) to (9).

(6) For paragraph 3 substitute—

“3(1) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal.

(2) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal.”

(7) In paragraph 4—

(a) for “chairman”, in each place, substitute “President”, and

(b) omit “, if for any reason he is unable to act,”.

(8) In paragraph 5—

(a) for “any area” substitute “one area”, and

(b) for “any other” substitute “the other”.

(9) In paragraph 6—

(a) for “chairman”, in each place, substitute “President”, and

(b) for “president”, in each place, substitute “chairman”.