View source for Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

{{Legislation
|Type=UK Statutory Instrument
|Year=2009
|Number=1307
|Subject=Legislation amending MHA 1983, Tribunal legislation
|Summary=This Order amends [[s77]] so that withdrawn First-tier Tribunal (Mental Health) applications can be remade, and adds new para 5 to [[MHA 1983 sched 2]] so that members of the English Tribunal can hear cases in the Welsh Tribunal. In force 1/6/09.
|Detail===Extract from Explanatory Note==
Paragraph 161 of Schedule 1 amends the Mental Health Act 1983 in order to ensure that a patient who withdraws their appeal to the First-tier Tribunal can remake that appeal. This amendment relates to the transfer of the functions of Mental Health Review Tribunals in England to the First-tier Tribunal, which was effected by the Transfer of Tribunal Functions Order 2008.

Paragraph 162 of Schedule 1 amends the same Act to allow members of the First-tier Tribunal who may hear mental health cases to sit in the Mental Health Review Tribunal for Wales. This preserves the position under paragraph 5 of Schedule 2 to the 1993 Act before the abolition of the Mental Health Review Tribunal for England and the transfer of its members to the First-tier Tribunal and Upper Tribunal under the Transfer of Tribunal Functions Order 2008.

==See also==
{{pagesummary|MHT, 'Important notice: Operation of section 77(2) MHA 1983 - disregarding withdrawn applications' (8/12/08)}}
|News=No
|RSS pubdate=2020/04/23 08:33:20 PM
}}