On 2/11/10 the Senior President of Tribunals issued a Practice Statement delegating the following functions to the appropriate administrative staff: (1) the issue of non-compliance directions in relation to late reports; (2) the giving of consent to a notice of withdrawal if (a) lodged by a legal representative, (b) received not less than seven days before the hearing, (c) there is no concurrent application/reference, (d) there is no reason to believe it is a 'tactical ploy'; (3) the correction of clerical mistakes, and accidental slips and omissions, in written decisions and directions, if clear and obvious. Within 14 days of the administrative decision being sent, the receiving party may apply for the decision to be considered by a judge. Now see Practice Statement: Delegation of Functions to Staff and to Registrars on or after 27 April 2015 (2015) MHLO 36.
DELEGATION OF FUNCTIONS TO STAFF ON OR AFTER 02 NOVEMBER 2010
FIRST-TIER TRIBUNALHEALTH, EDUCATION & SOCIAL CARE CHAMBER (MENTAL HEALTH)
1. In accordance with Rule 4(1) of The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 the Senior President of Tribunals hereby approves that, in relation to mental health cases (as defined in Rule 1(3)), the following specified functions of the Health, Education & Social Care Chamber of the First-tier Tribunal may be carried out by those members of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 where those members of staff have been authorised by an Operations Manager (Band C) of the First-tier Tribunal Mental Health in relation to each specified function.
2. In accordance with Rule 4(3) of The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care) Rules 2008, within 14 days after the date that the Tribunal sends notice of a decision made by a member of staff pursuant to an approval under paragraph 1 above to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
LORD JUSTICE CARNWATH
SENIOR PRESIDENT OF TRIBUNALS
02 November 2010