MHA 1983 sched 2

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Schedules contents

1, 2, 3, 4, 5, 6

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

s65(2)

MENTAL HEALTH REVIEW [TRIBUNAL FOR WALES][1]


1. [The Mental Health Review Tribunal for Wales][1] shall consist of—

(a) a number of persons (referred to in this Schedule as "the legal members") appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable;
(b) a number of persons (referred to in this Schedule as "the medical members") being registered medical practitioners appointed by the Lord Chancellor [...];[2] and
(c) a number of persons appointed by the Lord Chancellor [...][2] and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chancellor considers suitable.

[1A. As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.][2]

2. [Subject to paragraph 2A below,][3] the members of [the Mental Health Review Tribunal for Wales][1] shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.

[2A. A member of [the Mental Health Review Tribunal for Wales][1] shall vacate office on the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).][3]

3. One of the legal members of [the Mental Health Review Tribunal for Wales][1] shall be appointed by the Lord Chancellor as chairman of the Tribunal.

4. Subject to rules made by the Lord Chancellor under section 78(2)(c) above, the members who are to constitute [the Mental Health Review Tribunal for Wales][1] for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the chairman of the tribunal or [...][4] by another member of the tribunal appointed for the purpose by the chairman; and of the members so appointed—

(a) one of more shall be appointed from the legal members;
(b) one or more shall be appointed from the medical members; and
(c) one or more shall be appointed from the members who are neither legal nor medical members.

[5.— (1) A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales.

(2) Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales.

(3) Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal.][5]

6. Subject to any rules made by the Lord Chancellor under section 78(4)(a) above, where the chairman of the tribunal is included among the persons appointed under paragraph 4 above, he shall be president of the tribunal; and in any other case the president of the tribunal shall be such one of the members so appointed (being one of the legal members) as the chairman may nominate.

Amendments

  1. 1.0 1.1 1.2 1.3 1.4 1.5 Transfer of Tribunal Functions Order 2008 wef 3/11/08
  2. 2.0 2.1 2.2 Constitutional Reform Act 2005 sch 4 para 158, wef 3/4/06
  3. 3.0 3.1 Judicial Pensions and Retirement Act 1993
  4. Mental Health Act 2007 s38(7)(b); Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  5. Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 para 162 (1/6/09)

Pending amendments

  1. Mental Health Act 2007 s38(7)(a) and (9): "Chairman" and "president" swapped in paras 4 and 6, respectively, where they occur
  2. Mental Health Act 2007 s38(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.”
  3. Transfer of Tribunal Functions Order 2008 sch 3 para 67(f): in paragraph 3, as it has effect after the commencement of section 38(6) of that Act, omit sub-paragraph (1)