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Rule 8

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