The Mental Health Review Tribunal (Amendment) Rules 1998

Amendment of the Mental Health Review Tribunal Rules 1983

2.—(1) The Mental Health Review Tribunal Rules 1983(1) shall be amended in accordance with the following provisions of this rule.

(2) In rule 7 (notice to other persons interested) for the words “restricted patient,” there shall be substituted the words “conditionally discharged patient,”.

(3) In rule 25(2) (further consideration after decision with recommendations) the words “and, in the case of a restricted patient, the Secretary of State” shall be omitted.

(4) In rule 29 (references)—

(a) in paragraph (a) after the word “apply” there shall be added the words “and where a reference is made under section 75(1) of the Act rule 20 shall also not apply;”;

(b) in paragraph (c) after the word “application;” there shall be added the words

“and where a reference is made under section 75(1) of the Act—

(i) rule 6(2) shall apply as if the period of time specified therein was 2 weeks instead of 3 weeks; and

(ii) on receipt of the authority’s statement, the tribunal shall give notice of the date, time and place fixed for the hearing to any person whom the tribunal notifies of the proceedings under rule 7;”;

(c) after paragraph (c) there shall be inserted the following paragraph—

“(cc) where a reference is made under section 75(1) of the Act, on receipt of the reference the tribunal shall—

(i) fix a date for the hearing being not later than eight weeks, nor earlier than five weeks, from the date on which the reference was received;

(ii) fix the time and place for the hearing; and

(iii) give notice of the date, time and place of the hearing to the patient, the responsible authority and the Secretary of State;”.

(1)

S.I. 1983/942 amended by S.I. 1996/314.