Tribunal rule 37: Difference between revisions
(New page: <div class="text"> '''Time and place of hearings''' 37.—(1) In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within 7 days after th...) |
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'''Time and place of hearings''' | '''Time and place of hearings''' | ||
37.—(1) In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within 7 days after the date on which the Tribunal received the application notice. | 37.—(1) In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within [<strike>7</strike> 10]<ref name="TPA2R22">[[Tribunal Procedure (Amendment No. 2) Rules 2022]], r3, 1/11/22</ref> days after the date on which the Tribunal received the application notice. | ||
'''['''<strike>(1) [Subject to paragraph (1A),] In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within <span class="doublestrike">7</span>[10] days after the date on which the Tribunal received the application notice. | |||
[(1A) If the Tribunal considers that it is not reasonably practicable for a hearing to start within the period specified in paragraph (1), the hearing must start within such time as the Tribunal may direct.]</strike>''']'''<ref name="CV">These amendments to r37(1) and new r37(1A) were made by [[Tribunal Procedure (Coronavirus) (Amendment) Rules 2020]], from 10/4/20, and expired on 25/9/22 (when s55(b) [[Coronavirus Act 2020]] expired for all purposes).</ref> | |||
(2) In proceedings under section 75(1) of that Act, the hearing of the case must start at least 5 weeks but no more than 8 weeks after the date on which the Tribunal received the reference. | (2) In proceedings under section 75(1) of that Act, the hearing of the case must start at least 5 weeks but no more than 8 weeks after the date on which the Tribunal received the reference. | ||
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:(b) any person who has been notified of the proceedings under rule 33 (notice of proceedings to interested persons). | :(b) any person who has been notified of the proceedings under rule 33 (notice of proceedings to interested persons). | ||
(4) The period of notice under paragraph (3) must be at least 14 days, except that— | (4) The period of notice under paragraph (3) must be at least [<strike>14 days</strike>21 days],<ref name="A514">[[Tribunal Procedure (Amendment) Rules 2014]], 6/4/14</ref> except that— | ||
:(a) in proceedings under section 66(1)(a) of the Mental Health Act 1983 the period must be at least 3 working days; and | :(a) in proceedings under section 66(1)(a) of the Mental Health Act 1983 the period must be at least 3 working days; and | ||
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::(ii) in urgent or exceptional circumstances. | ::(ii) in urgent or exceptional circumstances. | ||
'''Amendments''' | |||
<references/> | |||
'''Last updated:''' 16/11/22. Legislation.gov.uk has not applied [[Tribunal Procedure (Amendment No. 2) Rules 2022]] yet. | |||
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Latest revision as of 11:32, 16 November 2022
Time and place of hearings
37.—(1) In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within [7 10][1] days after the date on which the Tribunal received the application notice.
[(1) [Subject to paragraph (1A),] In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within 7[10] days after the date on which the Tribunal received the application notice.
[(1A) If the Tribunal considers that it is not reasonably practicable for a hearing to start within the period specified in paragraph (1), the hearing must start within such time as the Tribunal may direct.]][2]
(2) In proceedings under section 75(1) of that Act, the hearing of the case must start at least 5 weeks but no more than 8 weeks after the date on which the Tribunal received the reference.
(3) The Tribunal must give reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing), and any changes to the time and place of the hearing, to—
- (a) each party entitled to attend a hearing; and
- (b) any person who has been notified of the proceedings under rule 33 (notice of proceedings to interested persons).
(4) The period of notice under paragraph (3) must be at least [14 days21 days],[3] except that—
- (a) in proceedings under section 66(1)(a) of the Mental Health Act 1983 the period must be at least 3 working days; and
- (b) the Tribunal may give shorter notice—
- (i) with the parties’ consent; or
- (ii) in urgent or exceptional circumstances.
Amendments
- ↑ Tribunal Procedure (Amendment No. 2) Rules 2022, r3, 1/11/22
- ↑ These amendments to r37(1) and new r37(1A) were made by Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, from 10/4/20, and expired on 25/9/22 (when s55(b) Coronavirus Act 2020 expired for all purposes).
- ↑ Tribunal Procedure (Amendment) Rules 2014, 6/4/14
Last updated: 16/11/22. Legislation.gov.uk has not applied Tribunal Procedure (Amendment No. 2) Rules 2022 yet.