View source for Important notice: Operation of section 77(2) MHA 1983

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'''IMPORTANT NOTICE '''

'''Operation of section 77(2) MHA 1983 – disregarding withdrawn applications '''

There has been an oversight concerning the reference in [[s77]](2) to applications 
withdrawn in accordance with rules made under [[s78]] in that s78 was not amended to 
cover withdrawals under Tribunal Procedure Rules. 

Accordingly, the only tribunal using rules under s78 is the MHRT for Wales and 
means that s77(2) currently gives the right to make a second application only where 
a withdrawal has been agreed by the MHRT for Wales. 

The Ministry of Justice is aware of this and intends to make an amendment to s77(2) 
when it next lays an order amending primary legislation in relation to new tribunals. 
This is likely to be in February 2009 to take effect in April 2009. 

In the meantime, it is recommended that a patient in England who has withdrawn an 
application to the First-tier Tribunal (HESC) Mental Health should apply under [[Tribunal rule 17|rule 
17]](4) of the 2008 Rules to reinstate the application if the oversight prevents a second 
application in the same relevant period. The rule is subject to a 28 day time limit, at 
17(5), but the Tribunal has a general power to extend time under [[Tribunal rule 5|rule 5]](3)(a) so an 
extension can be granted in appropriate cases. 

8 December 2008 

His Honour Judge Phillip Sycamore – Chamber President 

Professor Jeremy Cooper, John Wright – Regional Tribunal Judges 
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