Coronavirus Act 2020

Constitution and proceedings of the Mental Health Review Tribunal for Wales

12 (1) The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”) have effect subject to this paragraph.

(2) The Tribunal may determine an application or reference without a hearing if it considers that—

(a) holding a hearing is impractical or would involve undesirable delay,

(b) having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it to come to a decision without a hearing, and

(c) to dispense with a hearing would not be detrimental to the health of the patient.

(3) The Tribunal must, as soon as reasonably practicable, give notice to each party of—

(a) its decision to dispense with a hearing under sub-paragraph (2), and

(b) the earliest time at which it might determine the application or reference in accordance with that sub-paragraph (which must be such as to afford the parties reasonable notice).

(4) Where an application or reference is to be determined in accordance with sub-paragraph (2)—

(a) in rules 4, 15 and 20 of the 2008 Rules, references to a hearing (or its commencement) are to be read as references to the time notified under sub-paragraph (3)(b);

(b) in rule 24(1) and (2) of the 2008 Rules, references to the start of the hearing are to be read as references to the determination of the application or reference;

(c) in rule 28 of the 2008 Rules—

(i) paragraph (1) does not apply, and

(ii) in paragraph (3), references to the hearing are to be read as references to the determination of the application or reference.

(5) The Tribunal may at any time reverse a decision to dispense with a hearing under sub-paragraph (2), and if it does so it must give notice to each party and make such consequential directions as it considers appropriate.

(6) Expressions used in this paragraph and in the 2008 Rules have the same meaning as in those Rules.