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Tribunal rule 33: Difference between revisions

(New page: <div class="text"> '''Notice of proceedings to interested persons''' 33. When the Tribunal receives the information required by rule 32(4), (5) or (6) (procedure in mental health cases) ...)
 
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'''Notice of proceedings to interested persons'''
'''Notice of proceedings to interested persons'''


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:(b) where there is an extant order of the Court of Protection, to that court;
:(b) where there is an extant order of the Court of Protection, to that court;


:(c) subject to a patient with capacity to do so requesting otherwise, where any person other than the applicant is named by the authority as exercising the functions of the nearest relative, to that person;
:(c) subject to a patient with capacity to do so requesting otherwise, where any person other than the applicant is named by the authority as exercising the functions of the nearest relative, to that person; [and;


:(d) where a health authority, Primary Care Trust, National Health Service trust or NHS foundation trust has a right to discharge the patient under the provisions of section 23(3) of the Mental Health Act 1983, to that authority or trust; and
:<strike>(d) where a health authority, Primary Care Trust, National Health Service trust or NHS foundation trust has a right to discharge the patient under the provisions of section 23(3) of the Mental Health Act 1983, to that authority or trust; and</strike><ref name="A477">[[Tribunal Procedure (Amendment) Rules 2013]] r19, 1/4/13</ref>


:(e) to any other person who, in the opinion of the Tribunal, should have an opportunity of being heard.  
:(e) to any other person who, in the opinion of the Tribunal, should have an opportunity of being heard.  
'''Amendments'''
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'''Last checked:''' 16/11/22
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Latest revision as of 11:04, 16 November 2022

Notice of proceedings to interested persons

33. When the Tribunal receives the information required by rule 32(4), (5) or (6) (procedure in mental health cases) the Tribunal must give notice of the proceedings—

(a) where the patient is subject to the guardianship of a private guardian, to the guardian;
(b) where there is an extant order of the Court of Protection, to that court;
(c) subject to a patient with capacity to do so requesting otherwise, where any person other than the applicant is named by the authority as exercising the functions of the nearest relative, to that person; [and;
(d) where a health authority, Primary Care Trust, National Health Service trust or NHS foundation trust has a right to discharge the patient under the provisions of section 23(3) of the Mental Health Act 1983, to that authority or trust; and[1]
(e) to any other person who, in the opinion of the Tribunal, should have an opportunity of being heard.

Amendments

Last checked: 16/11/22