Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Rule 29

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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

References

29. The tribunal shall consider a reference as if there had been an application by the patient and the provisions ofthese Rules shall apply with the following modifications—

(a) rules 3, 4, 9 and 19 shall not apply [and where a reference is made under section 75(1) of the Act rule 20 shall also not apply;][1]
(b) the tribunal shall, on receipt ofthe reference, send notice thereofto the patient and the responsible authority; provided that where the reference has been made by the responsible authority, instead of the notice of reference there shall be sent to the responsible authority a request for the authority’s statement;
(c) rules 5, 6 and 7 shall apply as if rule 6(1) referred to the notice of reference, or the request for the authority’s statement, as the case may be, instead of the notice of application; [and where a reference is made under section 75(1) of the Act -
(i) rule 6(2) shall apply as if the period of time specified therein was 2 weeks instead of 3 weeks; and
(ii) on receipt of the authority's statement, the tribunal shall give notice of the date, time and place fixed for the hearing to any person whom the tribunal notifies of the proceedings under rule 7;][1]
[(cc) where a reference is made under section 75(1) of the Act, on receipt of the reference the tribunal shall -
(i) fix a date for the hearing being not later than eight weeks, nor earlier than five weeks, from the date on which the reference was received;
(ii) fix the time and place for the hearing; and
(iii) give notice of the date, time and place of the hearing to the patient, the responsible authority and the Secretary of State;][1]
(d) a reference made by the Secretary of State in circumstances in which he is not by the terms of the Act obliged to make a reference may be withdrawn by him at any time before it is considered by the tribunal and, where a reference is so withdrawn, the tribunal shall inform the patient and the other parties that the reference has been withdrawn.

Amendments

  1. 1.0 1.1 1.2 Mental Health Review Tribunal (Amendment) Rules 1998