Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Rule 2

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Mental Health Review Tribunal Rules 1983 (as amended)

N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.

Contents

Rules: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35

Schedules: 1A, 1B, 1C, 1D, 1E, 1F, 2

Explanatory note

Rule

Interpretation

2.—(1) In these Rules, unless the context otherwise requires—

“the Act” means the Mental Health Act 1983;
“admission papers” means the application for admission under section 2 of the Act and the written recommendations of the two registered medical practitioners on which it is founded;
“assessment application” means an application by a patient who is detained for assessment and entitled to apply under section 66(l)(a) of the Act or who, being so entitled, has applied;
“the authority’s statement” means the statement provided by the responsible authority pursuant to rule 6(1);
“chairman” means the legal member appointed by the Lord Chancellor as chairman of the Mental Health Review Tribunal under paragraph 3 of Schedule 2 to the Act or another member of the tribunal appointed to act on his behalf in accordance with paragraph 4 of that Schedule or section 78(6) of the Act as the case may be;
“decision with recommendations” means a decision with recommendations in accordance with section 72(3)(a) [or (3A)(a)][1]of the Act;
“health authority” has the same meaning as in the National Health Service Act 1977;
["NHS foundation trust" has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;][2]
["National Health Service trust" means a body established under section 5(1) of the National Health Service and Community Care Act 1990][1]
“nearest relative” means a person who has for the time being the functions under the Act of the nearest relative of a patient who is not a restricted patient;
“party” means the applicant, the patient, the responsible authority, any other person to whom a notice under rule 7 or rule 31(c) is sent or who is added as a party by direction of the tribunal;
“president” means the president of the tribunal as defined in paragraph 6 of Schedule 2 to the Act;
“private guardian” in relation to a patient means a person, other than a local social services authority, who acts as guardian under the Act;
“proceedings” includes any proceedings of a tribunal following an applica­tion or reference in relation to a patient;
“provisional decision” includes a deferred direction for conditional dis­charge in accordance with section 73(7) of the Act and a notification to the Secretary of State in accordance with section 74(1) of the Act;
“reference” means a reference under section 67(1), 68(1) or (2), 71(1), (2) or (5) or 75(1) of the Act;
“registration authority” means the authority exercising the functions of the Secretary of State under the Nursing Homes Act 1975;
“responsible authority” means—
(a) in relation to a patient liable to be detained under the Act in a hospital or mental nursing home, the managers of the hospital or home as defined in section 145(1) of the Act; and
(b) in relation to a patient subject to guardianship, the responsible local social services authority as defined in section 34(3) of the Act; [and
(c) in relation to a patient subject to after-care under supervision, the Health Authority [or Primary Care Trust][3] which has the duty under section 117 of the Act to provide after-care services for the patient.][1]
“the Secretary of State’s statement” means a statement provided by the Secretary of State pursuant to rule 6(2) or (3);
“tribunal” in relation to an application or a reference means the Mental Health Review Tribunal constituted under section 65 of the Act which has jurisdiction in the area in which the patient, at the time the application or reference is made, is detained or is liable to be detained or is subject to guardianship [or is (or is to be) subject to after-care under supervision],[1] or the tribunal to which the proceedings are transferred in accordance with rule 17(2), or, in the case of a conditionally discharged patient, the tribunal for the area in which the patient resides.

Amendments

  1. 1.0 1.1 1.2 1.3 Mental Health Review Tribunal (Amendment) Rules 1996
  2. Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004
  3. National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002