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.

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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

Statements by the responsible authority and the Secretary of State

6.—(1) The responsible authority shall send a statement to the tribunal and, in the case of a restricted patient, the Secretary of State, as soon as practicable and in any case within 3 weeks of its receipt of the notice of application; and such statement shall contain—

(a) the information specified in Part A of Schedule 1 to these Rules, in so far as it is within the knowledge of the responsible authority; and

(b) the report specified in paragraph 1 of Part B of that Schedule; and

(c) the other reports specified in Part B of that Schedule, in so far as it is reasonably practicable to provide them.

(2) Where the patient is a restricted patient, the Secretary of State shall send to the tribunal, as soon as practicable and in any case within 3 weeks of receipt by him of the authority’s statement, a statement of such further information relevant to the application as may be available to him.

(3) Where the patient is a conditionally discharged patient, paragraphs (1) and (2) shall not apply and the Secretary of State shall send to the tribunal as soon as practicable, and in any case within 6 weeks of receipt by him of the notice of application, a statement which shall contain—

(a) the information specified in Part C of Schedule 1 to these Rules, in so far as it is within the knowledge of the Secretary of State; and

(b) the reports specified in Part D of that Schedule, in so far as it is reasonably practicable to provide them.

[(3A) Where the patient is (or is to be) subject to after-care under supervision paragraph (1) shall not apply and the responsible authority shall send a statement to the tribunal as soon as practicable, and in any case within 3 weeks of the responsible authority’s receipt of the notice of application, and this statement shall contain—

(a) the information specified in Part E of Schedule 1 to these Rules, in so far as it is within the knowledge of the responsible authority;

(b) the reports specified in Part F of that Schedule;

(c) the details of the after-care services being (or to be) provided under section 117 of the Act; and

(d) details of any requirements imposed (or to be imposed) on the patient under section 25D of the Act;

and shall be accompanied by copies of the documents specified in paragraph 3 of Part E of that Schedule.]

(4) Any part of the authority’s statement or the Secretary of State’s statement which, in the opinion of—

(a) (in the case of the authority’s statement) the responsible authority; or

(b) (in the case of the Secretary of State’s statement) the Secretary of State,

should be withheld from the applicant or (where he is not the applicant) the patient on the ground that its disclosure would adversely affect the health or welfare of the patient or others, shall be made in a separate document in which shall be set out the reasons for believing that its disclosure would have that effect.

(5) On receipt of any statement provided in accordance with paragraph (1), (2) or (3), the tribunal shall send a copy to the applicant and (where he is not the applicant) the patient, excluding any part of any statement which is contained in a separate document in accordance with paragraph (4).

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