MHRT for Wales and coronavirus

The Welsh tribunal, including its composition, is governed by the provisions of MHA 1983 sched 2 so amendment to legislation was necessary (in England it just required new rules and PDs).

Welsh tribunal coronavirus PD. Practice Direction: MHRT for Wales: Coronavirus COVID-19 (30/3/20) — This practice direction sets out the procedure for a period of 6 months. (1) During the pandemic, preliminary medical examinations will not be "practicable" owing to health risk. (2) Hearings will be held by telephone or video, unless dispensed with entirely (when a hearing would be impractical or involve undesirable delay, sufficient evidence is available to decide without a hearing, and this would not be detrimental to the health of the patient). (3) Tribunals will continue ordinarily to comprise three members, unless this is impractical or would involve undesirable delay, in which case a legal member may sit alone or with one other member.
Commencement orders • Coronavirus legislation. Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020 — This brings into force: (1) paragraphs 11, 12 and 13 of schedule 8, removing the need for three panel members and making other changes to MHRT for Wales procedure, on 27/3/20; (2) some of schedule 12, removing and modifying certain duties under the Social Services and Well-being (Wales) Act 2014, on 1/4/20.

INFORMATION

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