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Rule 8

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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

Appointment of the tribunal

8.—(1) Unless the application belongs to a class or group of proceedings for which members have already been appointed, the members ofthe tribunal who are to hear the application shall be appointed by the chairman.

(2) A person shall not be qualified to serve as a member of a tribunal for the purpose of any proceedings where—

(a) he is a member or officer of the responsible authority or of the registration authority concerned in the proceedings; or
(b) he is a member or officer of a health authority[, Primary Care Trust][1] [or National Health Service trust][2] [or NHS foundation trust][3] which has the right to discharge the patient under section 23(3) of the Act; or
(c) he has a personal connection with the patient or has recently treated the patient in a professional medical capacity.

(3) The persons qualified to serve as president of the tribunal for the consideration of an application or reference relating to a restricted patient shall be restricted to those legal members who have been approved for that purpose by the [Lord Chief Justice after consulting the Lord Chancellor].[4]

[(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions referred to in paragraph (3).][4]

Amendments

  1. National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002
  2. Mental Health Review Tribunal (Amendment) Rules 1996
  3. Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004
  4. 4.0 4.1 Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006