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Rule 7

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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

Notice to other persons interested

7. On receipt of the authority’s statement or, in the case of a [conditionally discharged patient,][1] the Secretary of State’s statement, the tribunal shall give notice of the proceedings—

(a) where the patient is liable to be detained in a mental nursing home, to the registration authority of that home;
(b) where the patient is subject to the guardianship of a private guardian, to the guardian;
[(bb) where the patient is, or will upon leaving hospital be, subject to after-care under supervision, to the person who appears to be the patient’s nearest relative, and the persons who are, or will be, the patient’s supervisor and community responsible medical officer and in the case of a patient who has not yet left hospital, the person who has prepared the medical report referred to in paragraph 1 of Part F of Schedule 1 to these Rules;][2]
(c) where the patient’s financial affairs are under the control of the Court of Protection, to the Court of Protection;
(d) where any person other than the applicant is named in the authority’s statement as exercising the functions of the nearest relative, to that person;
(e) where a health authority [,Primary Care Trust][3] [or National Health Service trust][2] [or NHS foundation trust][4] has a right to discharge the patient under the provisions of section 23(3) of the Act, to that authority [or trust];[2]
(f) to any other person who, in the opinion ofthe tribunal, should have an opportunity of being heard.

Amendments

  1. Mental Health Review Tribunal (Amendment) Rules 1998
  2. 2.0 2.1 2.2 Mental Health Review Tribunal (Amendment) Rules 1996
  3. National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002
  4. Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004