Tribunal Procedure (Coronavirus) (Amendment) Rules 2020

Rule 2 amends the MHT's rules: (1) new power in new rule 5A to dispose of proceedings without hearing if the matter is urgent, it is not reasonably practicable to hold a hearing (including a remote hearing) and it is in the interests of justice to do so. (2) section 2 hearings to start within 10 days rather than 7 days, with an explicit power to ignore this deadline if the tribunal considers it "not reasonably practicable". In force 10/4/20. These rules expired on the same day as section 55(b) of the Coronavirus Act 2020 (public participation in proceedings conducted by video or audio), which was 25/9/22. (3) A further change, relating to public/private hearings, is inserted into the part of the HESC rules which do not apply to mental health cases.

See also

• Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
• Tribunal Procedure Committee, 'Consultation on possible amendments to the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 on the timescale for listing Section 2 hearings' (from 11/2/20 to 7/4/20)

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2020🔍

Number: 416

Subject: Coronavirus legislation🔍

In force: 10/4/20

What links here:

• Tribunal Rules
• Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
• Tribunal Procedure Committee, 'Consultation on possible amendments to the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 on the timescale for listing Section 2 hearings' (from 11/2/20 to 7/4/20)
• Coronavirus resources
• Coronavirus Act 2020
• Mental Health Tribunal and coronavirus
• Pilot Practice Direction: Video/Audio Hearings in the First-Tier Tribunal and the Upper Tribunal (2/4/20)
• Senior President of Tribunals, 'Judges' and Members' Administrative Instruction No 4' (14/4/20)
• Tribunal Procedure Committee, 'Responses to the consultation (on changes to the s2 listing window) and reply from the TPC' (23/6/20)
• Mental Health Tribunal, 'Video Hearing Guidance for Representatives in Mental Health Tribunals' (11/9/20)
• Section 2: admission for assessment
• Jonathan Wilson, 'Mental health: update' (Legal Action, March 2021)
• Tribunal Procedure Committee, 'Possible amendments to the Tribunal Procedure (FTT) (HESC) Rules 2008' (consultation about s2 listing, from 21/6/22 to 16/8/22)