MHA 1983 s77

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part V contents

65, 66, 67, 68, 68A, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Change made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

General provisions concerning tribunal applications

77.—(1) No application shall be made to [the appropriate tribunal by or in respect of a patient under this Act][1] except in such cases and at such times as are expressly provided by this Act.

(2) Where under this Act any person is authorised to make an application to [the appropriate tribunal][1] within a specified period, not more than one such application shall be made by that person within that period but for that purpose there shall be disregarded any application which is withdrawn in accordance with [Tribunal Procedure Rules or][2] rules made under section 78 below.

(3) Subject to subsection (4) below an application to [a tribunal][1] authorised to be made by or in respect of a patient under this Act shall be made by notice in writing addressed

[(a) in the case of a patient who is liable to be detained in a hospital, [to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales];[1]
(b) in the case of a community patient, [to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales];[1]
(c) in the case of a patient subject to guardianship, [to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales][1].][3]

(4) Any application under section 75(2) above shall be made [to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales].[1]

Amendments

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Transfer of Tribunal Functions Order 2008 wef 3/11/08
  2. Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 para 161 (1/6/09)
  3. Mental Health Act 2007 s32 & sch 3; Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 wef 3/11/08