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Mental Health Review Tribunal Rules 1983

N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.

The Rules

Mental Health Review Tribunal Rules 1983 (as amended)

N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.

Contents

Rules: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35

Schedules: 1A, 1B, 1C, 1D, 1E, 1F, 2

Explanatory note

STATUTORY INSTRUMENTS


1983 No. 942

MENTAL HEALTH

The Mental Health Review Tribunal Rules 1983

Made - - - -  28th June 1983
Laid before Parliament  8th July 1983
Coming into Operation  30th September 1983


ARRANGEMENT OF RULES

Part I: Introduction

MHRT Rules r1 - Title and commencement.

MHRT Rules r2 - Interpretation.


Part II: Preliminary matters

MHRT Rules r3 - Making an application.

MHRT Rules r4 - Notice of application.

MHRT Rules r5 - Preliminary and incidental matters.

MHRT Rules r6 - Statements by the responsible authority and the Secretary of State.

MHRT Rules r7 - Notice to other persons interested.

MHRT Rules r8 - Appointment of the tribunal.

MHRT Rules r9 - Powers to postpone consideration of an application.


Part III General provisions

MHRT Rules r10 - Representation, etc.

MHRT Rules r11 - Medical examination.

MHRT Rules r12 - Disclosure of documents.

MHRT Rules r13 - Directions.

MHRT Rules r14 - Evidence.

MHRT Rules r15 - Further information.

MHRT Rules r16 - Adjournment.

MHRT Rules r17 - Transfer of proceedings.

MHRT Rules r18 - Two or more pending applications.

MHRT Rules r19 - Withdrawal of application.


Part IV: The hearing

MHRT Rules r20 - Notice of hearing.

MHRT Rules r21 - Privacy of proceedings.

MHRT Rules r22 - Hearing procedure.

Part V: Decisions, further consideration and miscellaneous provisions

MHRT Rules r23 - Decisions.

MHRT Rules r24 - Communication of decisions.

MHRT Rules r25 - Further consideration.

MHRT Rules r26 - Time.

MHRT Rules r27 - Service of notices, etc.

MHRT Rules r28 - Irregularities.


Part VI: References and applications by patients detained for assessment

MHRT Rules r29 - References.

MHRT Rules r30 - Making an assessment application.

MHRT Rules r31 - Appointment of a tribunal and hearing date.

MHRT Rules r32 - Provision of admission papers, etc.

MHRT Rules r33 - General procedure, hearing procedure and decisions.


Part VII: Transitional provisions and revocations

MHRT Rules r34 - Transitional provisions.

MHRT Rules r35 - Revocations.


Schedules

Schedule 1: Statements by the responsible authority and the Secretary of State.

MHRT Rules sch 1 part A — Information relating to patients (other than conditionally discharged patients [and patients subject (or to be subject) to after-care under supervision]).

MHRT Rules sch 1 part B — Reports relating to patients (other than conditionally discharged patients [and patients subject (or to be subject) to after-care under supervision]).

MHRT Rules sch 1 part C — Information relating to conditionally discharged patients.

MHRT Rules sch 1 part D — Reports relating to conditionally discharged patients.

MHRT Rules sch 1 part E — Information and documents relating to patients subject (or to be subject) to after-care under supervision.

MHRT Rules sch 1 part F — Reports relating to patients subject (or to be subject) to after-care under supervision.


MHRT Rules sch 2 — Revocations.

Explanatory note/Introductory text

MHRT Rules explanatory note

The Lord Chancellor, in exercise of the powers conferred on him by section 78 of the Mental Health Act 1983 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, hereby makes the following Rules:—

Amending legislation

Mental Health Review Tribunal (Amendment) Rules 1996

Mental Health Review Tribunal (Amendment) Rules 1998

National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

External links

MHRT Rules 1983 as amended (copy) - PDF file from Westlaw, on Judicial Appointments website