Mental Health Review Tribunal Rules 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/942 |
| Year | 1983 |
1983 No. 942
MENTAL HEALTH
The Mental Health Review Tribunal Rules 198328thJune 1983
8thJuly 1983
30thSeptember 1983
ARRANGEMENT OF RULES
PART I INTRODUCTION
Rule
1. Title and commencement.
2. Interpretation.
PART II PRELIMINARY MATTERS
3. Making an application.
4. Notice of application.
5. Preliminary and incidental matters.
6. Statements by the responsible authority and the Secretary of State.
7. Notice to other persons interested.
8. Appointment of the tribunal.
9. Powers to postpone consideration of an application.
PART III GENERAL PROVISIONS
10. Representation, etc.
11. Medical examination.
12. Disclosure of documents.
13. Directions.
14. Evidence.
15. Further information.
16. Adjournment.
17. Transfer of proceedings.
18. Two or more pending applications.
19. Withdrawal of application.
PART IV THE HEARING
20. Notice of hearing.
21. Privacy of proceedings.
22. Hearing procedure.
PART V DECISIONS, FURTHER CONSIDERATION AND MISCELLANEOUS PROVISIONS
23. Decisions.
24. Communication of decisions.
25. Further consideration.
26. Time.
27. Service of notices, etc.
28. Irregularities.
PART VI REFERENCES AND APPLICATIONS BY PATIENTS DETAINED FOR ASSESSMENT
29. References.
30. Making an assessment application.
31. Appointment of a tribunal and hearing date.
32. Provision of admission papers, etc.
33. General procedure, hearing procedure and decisions.
PART VII TRANSITIONAL PROVISIONS AND REVOCATIONS
34. Transitional provisions.
35. Revocations.
Schedule 1—Statements by the responsible authority and the Secretary of State.
Schedule 2—Revocations.
The Lord Chancellor, in exercise of the powers conferred on him by section 78 of the Mental Health Act 1983(a) and all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971(b), hereby makes the following Rules:—
PART I
INTRODUCTION
Title and commencement
1. These Rules may be cited as the Mental Health Review Tribunal Rules 1983 and shall come into operation on 30th September 1983.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires—
(a) 1983 c. 20.
(b) 1971 c. 62.
"the Act" means the Mental Health Act 1983;
"admission papers" means the application for admission under section 2 of the Act and the written recommendations of the two registered medical practitioners on which it is founded;
"assessment application" means an application by a patient who is detained for assessment and entitled to apply under section 66(1)(a) of the Act or who, being so entitled, has applied;
"the authority's statement" means the statement provided by the responsible authority pursuant to rule 6(1);
"chairman" means the legal member appointed by the Lord Chancellor as chairman of the Mental Health Review Tribunal under paragraph 3 of Schedule 2 to the Act or another member of the tribunal appointed to act on his behalf in accordance with paragraph 4 of that Schedule or section 78(6) of the Act as the case may be;
"decision with recommendations" means a decision with recommendations in accordance with section 72(3)(a) of the Act;
"health authority" has the same meaning as in the National Health Service Act 1977(a);
"nearest relative" means a person who has for the time being the functions under the Act of the nearest relative of a patient who is not a restricted patient;
"party" means the applicant, the patient, the responsible authority, any other person to whom a notice under rule 7 or rule 31(c) is sent or who is added as a party by direction of the tribunal;
"president" means the president of the tribunal as defined in paragraph 6 of Schedule 2 to the Act;
"private guardian" in relation to a patient means a person, other than a local social services authority, who acts as guardian under the Act;
"proceedings" includes any proceedings of a tribunal following an application or reference in relation to a patient;
"provisional decision" includes a deferred direction for conditional discharge in accordance with section 73(7) of the Act and a notification to the Secretary of State in accordance with section 74(1) of the Act;
"reference" means a reference under section 67(1), 68(1) or (2), 71(1), (2) or (5) or 75(1) of the Act;
"registration authority" means the authority exercising the functions of the Secretary of State under the Nursing Homes Act 1975(b);
"responsible authority" means—
(a) in relation to a patient liable to be detained under the Act in a hospital or mental nursing home, the managers of the hospital or home as defined in section 145(1) of the Act; and
(b) in relation to a patient subject to guardianship, the responsible local social services authority as defined in section 34(3) of the Act;
(a) 1977 c. 49.
(b) 1975 c. 37.
"the Secretary of State's statement" means a statement provided by the Secretary of State pursuant to rule 6(2) or (3);
"tribunal" in relation to an application or a reference means the Mental Health Review Tribunal constituted under section 65 of the Act which has jurisdiction in the area in which the patient, at the time the application or reference is made, is detained or is liable to be detained or is subject to guardianship, or the tribunal to which the proceedings are transferred in accordance with rule 17(2), or, in the case of a conditionally discharged patient, the tribunal for the area in which the patient resides.
PART II
PRELIMINARY MATTERS
Making an application
3.—(1) An application shall be made to the tribunal in writing, signed by the applicant or any person authorised by him to do so on his behalf.
(2) The application shall wherever possible include the following information—
(a) the name of the patient;
(b) the patient's address, which shall include—
(i) the address of the hospital or mental nursing home where the patient is detained; or
(ii) the name and address of the patient's private guardian; or
(iii) in the case of a conditionally discharged patient or a patient to whom leave of absence from hospital has been granted, the address of the hospital or mental nursing home where the patient was last detained or is liable to be detained; together with the patient's current address;
(c) where the application is made by the patient's nearest relative, the name and address of the applicant and his relationship to the patient;
(d) the section of the Act under which the patient is detained or is liable to be detained;
(e) the name and address of any representative authorised in accordance with rule 10 or, if none has yet been authorised, whether the applicant intends to authorise a representative or wishes to conduct his own case.
(3) If any of the information specified in paragraph (2) is not included in the application, it shall in so far as is practicable be provided by the responsible authority or, in the case of a restricted patient, the Secretary of State, at the request of the tribunal.
Notice of application
4.—(1) On receipt of an application, the tribunal shall send notice of the application to—
(a) the responsible authority;
(b) the patient (where he is not the applicant); and
(c) if the patient is a restricted patient, the Secretary of State.
(2) Paragraph (1) shall apply whether or not the power to postpone consideration of the application under rule 9 is exercised.
Preliminary and incidental matters
5. As regards matters preliminary or incidental to an application, the chairman may, at any time up to the hearing of an application by the tribunal, exercise the powers of the tribunal under rules 6, 7, 9, 10, 12, 13, 14(1), 15, 17, 19, 20, 26 and 28.
Statements by the responsible authority and the Secretary of State
6.—(1) The responsible authority shall send a statement to the tribunal and, in the case of a restricted patient, the Secretary of State, as soon as practicable and in any case within 3 weeks of its receipt of the notice of application; and such statement shall contain—
(a) the information specified in Part A of Schedule 1 to these Rules, in so far as it is within the knowledge of the responsible authority; and
(b) the report specified in paragraph 1 of Part B of that Schedule; and
(c) the other reports specified in Part B of that Schedule, in so far as it is reasonably practicable to provide them.
(2) Where the patient is a restricted patient, the Secretary of State shall send to the tribunal, as soon as practicable and in any case within 3 weeks of receipt by him of the authority's statement, a statement of such further information relevant to the application as may be available to him.
(3) Where the patient is a conditionally discharged patient, paragraphs (1) and (2) shall not apply and the Secretary of State shall send to the tribunal as soon as practicable, and in any case within 6 weeks of receipt by him of the notice of application, a statement which shall contain—
(a) the information specified in Part C of Schedule 1 to these Rules, in so far as it is within the knowledge of the Secretary of State; and
(b) the reports specified in Part D of that Schedule, in so far as it is reasonably practicable to provide them.
(4) Any part of the authority's statement or the Secretary of State's statement which, in the opinion of—
(a) (in the case of the authority's statement) the responsible authority; or
(b) (in the case of the Secretary of State's statement) the Secretary of State,
should be withheld from the applicant or (where he is not the applicant) the patient on the ground that its disclosure would adversely affect the health or welfare of the patient or others, shall be made in a separate document in which shall be set out the reasons for believing that its disclosure would have that effect.
(5) On receipt of any statement provided in accordance with paragraph (1), (2) or (3), the tribunal shall send a copy to the applicant and (where he is not the applicant) the patient, excluding any part of any statement which is contained in a separate document in accordance with...
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