The Mental Health Review Tribunal for Wales Rules 2008

Case management powers E+W

5.—(1) The Tribunal may give directions at any time in relation to the conduct or disposal of proceedings.

(2) In particular, and without restriction on the general power to give directions under paragraph (1) and any other provisions within these Rules, the Tribunal may by directions—

(a) extend or shorten the time for complying with any rule or direction (unless such extension or abridgement would conflict with a provision of an enactment containing a time limit M1 if—

(i) the party requiring the extension or abridgement has shown a good reason why it is necessary; and

(ii) the Tribunal considers the extension or abridgement to be in the interests of justice;

(b) permit or require a party to amend a document;

(c) permit or require a party or another person to provide documents, information or submissions to the Tribunal or, subject to rule 17 (withholding documents or information likely to cause harm), a party;

(d) provide that an issue in the proceedings will be dealt with as a preliminary issue;

(e) hold a hearing to consider any matter, including a case management issue;

(f) decide the form of any hearing;

(g) stay execution of its own decision pending an appeal of such decision;

(h) stay proceedings.

(3) Rule 6 (directions) sets out the procedures for applying for and giving directions.

Marginal Citations

M1 Provisions include sections 66(1) and (2), 68(2) (subject to any order made under section 68A), 69(1), (2) and (4), 70, 71(2) (subject to any order made under section 71(3)) and 75(1) and (2) of the Mental Health Act 1983 (c.20).