Tribunal Rules: Difference between revisions
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===England=== | ===England=== | ||
The MHRT becomes part of the Health Education and Social Care chamber of the First Tier Tribunal, and will have new rules and practice directions. | The MHRT becomes part of the Health Education and Social Care chamber of the First Tier Tribunal, and will have new rules and practice directions. | ||
The following updated draft rules were published on 21 August 2008 and, subject to minor drafting changes, are the versions intended to come into force on 3 November 2008: | |||
* Upper Tribunal Rules 2008 | |||
* First-tier Tribunal (Health, Education and Social Care Chamber) Rules 2008 | |||
===Wales=== | ===Wales=== | ||
The MHRT becomes the "MHRT for Wales" and will have new rules | The MHRT becomes the "MHRT for Wales" and will have new rules, a draft of which is currently being consulted upon. | ||
===Upper Tribunal=== | ===Upper Tribunal=== | ||
Among other things, this will take over the judicial review function of the High Court in relation to MHRT cases (in England and Wales) | Among other things, this will take over the judicial review function of the High Court in relation to MHRT cases (in England and Wales). | ||
==Old rules== | ==Old rules== | ||
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Until 3/11/08, the [[Mental Health Review Tribunal Rules 1983]] apply to the MHRT in both England and Wales. | Until 3/11/08, the [[Mental Health Review Tribunal Rules 1983]] apply to the MHRT in both England and Wales. | ||
== | ==Related legislation== | ||
[[Tribunals, Courts and Enforcement Act 2007]] | [[Tribunals, Courts and Enforcement Act 2007]] | ||
[[Transfer of Tribunal Functions Order 2008]] | |||
==Resources== | ==Resources== | ||
[http://www.tribunals.gov.uk Tribunals website] | From Tribunals website: | ||
* [http://www.tribunals.gov.uk Tribunals website home page] | |||
*[http://www.tribunals.gov.uk/tribunalprocedurecommittee.htm Draft English Tribunal rules] | |||
*[http://www.tribunals.gov.uk/Documents/Publications/ConsultationDraft_MHRT_WalesRules08_amended.pdf Consultation on Welsh rules] | |||
*[http://www.tribunals.gov.uk/Documents/Publications/Draft_MHRT_for_Wales%20Rules%202008.pdf Draft Welsh rules] | |||
[http://www.mhla.co.uk/modules/smartsection/item.php?itemid=320 MHLA's consultation | [http://www.mhla.co.uk/modules/smartsection/item.php?itemid=320 MHLA's response to consultation on original draft rules]. | ||
{{stub}} | {{stub}} | ||
__NOTOC__ | __NOTOC__ | ||
Revision as of 14:53, 13 October 2008
The Tribunal system changes in November 2008.
New Tribunal rules
England
The MHRT becomes part of the Health Education and Social Care chamber of the First Tier Tribunal, and will have new rules and practice directions.
The following updated draft rules were published on 21 August 2008 and, subject to minor drafting changes, are the versions intended to come into force on 3 November 2008:
- Upper Tribunal Rules 2008
- First-tier Tribunal (Health, Education and Social Care Chamber) Rules 2008
Wales
The MHRT becomes the "MHRT for Wales" and will have new rules, a draft of which is currently being consulted upon.
Upper Tribunal
Among other things, this will take over the judicial review function of the High Court in relation to MHRT cases (in England and Wales).
Old rules
Until 3/11/08, the Mental Health Review Tribunal Rules 1983 apply to the MHRT in both England and Wales.
Related legislation
Tribunals, Courts and Enforcement Act 2007
Transfer of Tribunal Functions Order 2008
Resources
From Tribunals website:
MHLA's response to consultation on original draft rules.