Rule 3

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.

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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

Rule

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.

[(f) in the case of a patient subject (or to be subject) to after-care under supervision—

(i) the names of the persons who are (or who are to be) the patient’s supervisor and community responsible medical officer;

(ii) the name and address of any place at which the patient is (or will be) receiving medical treatment;

(iii) where the patient is subject to after-care under supervision his current address, or in the case of a patient who is to be subject to after-care under supervision upon leaving hospital, the address of the hospital where he is, or was last, detained or is liable to be detained.]

(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.

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