View source for Practice Statement on HESC composition on or after 18 Jan 2010

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'''MENTAL HEALTH CASE'''

4. A decision that disposes of proceedings or determines a preliminary issue made at, or following, a hearing must be made by:-

:a. One judge; and
:b. One other member who is a registered medical practitioner; and
:c. One other member who has substantial experience of health, or social care matters.

5. In rule 34 (medical examination of the patient) of the 2008 Rules "an appropriate member of the Tribunal" is the other member who is a registered medical practitioner.

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'''ALL CASES'''

8. Where the Tribunal is constituted under paragraph 3, 5 or 6 [typo in original?] the "presiding member" for the purposes of article 7 of the 2008 Order will be the judge. Where the Tribunal is constituted under paragraph 7(b) which judge is to be the "presiding member" will be determined by the Chamber President.

9. Where the Tribunal has given a decision that disposes of proceedings ("the substantive decision"), any matter decided under, or in accordance with, Rule 5(3)(l) or Part 5 of the 2008 Rules or section 9 of the Tribunals, Courts and Enforcement Act 2007 must be decided by one judge, unless the Chamber President considers it appropriate that it is decided either by:-

:a. the same members of the Tribunal as gave the substantive decision; or
:b. a Tribunal, constituted in accordance with paragraph 3, 5, or 6, comprised of different members of the Tribunal to that which gave the substantive decision.

10. Any other decision, including striking out a case under Rule 8 of the 2008 Rules (except at, or following, a hearing) or giving directions under Rule 5 of the 2008 Rules (whether or not at a hearing) must be made by:-

:a. One judge.

LORD JUSTICE CARNWATH
SENIOR PRESIDENT OF TRIBUNALS
DATE 16 December 2009
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