The Mental Health Review Tribunal for Wales Rules 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2705 |
- “the Act” means the Mental Health Act 1983;
- “applicant” means a person who—
- (a) starts Tribunal proceedings, whether by making an application or a reference, or
- (b) is substituted as a party under rule 12 (substitution and addition of parties) ;
- “document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
- “final determination” means a decision of the Tribunal which disposes of proceedings, including a decision with recommendations or a deferred decision for conditional discharge, but a refusal of an application for permission to appeal under rule 30 (application for permission to appeal) is not a final determination;
- “hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
- “interested party” means a person added as an interested party under rule 12 (substitution and addition of parties) ;
- F15“legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act) ;
- “party” means the patient, the responsible authority, the Secretary of State (if the patient is a restricted patient) , the Welsh Ministers or Secretary of State in a reference under rule 15(7) (seeking approval under section 86 of the Act) and any other person who starts a case by making an application or referring a matter to the Tribunal under the Act;
- “registered person” means the person or persons registered in respect of a registered establishment;
- “responsible authority” means—
- (a) in relation to a patient detained under the Act in a hospital within the meaning of Part 2 of that Act, the managers (as defined in section 145 of the Act) ;
- (b) in relation to a patient subject to guardianship, the responsible local social services authority as defined in section 34(3) of the Act;
- (c) in relation to a community patient, the managers of the responsible hospital (as defined in section 145 of the Act) ;
- (d) ...
- “restricted patient” has the meaning set out in section 79(1) of the Act;
- “Tribunal” means the Mental Health Review Tribunal for Wales;
- “working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 .
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