Rule 9

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

Powers to postpone consideration of an application

9.—(1) Where an application or reference by or in respect of a patient has been considered and determined by a tribunal for the same or any other area, the tribunal may, subject to the provisions of this rule, postpone the consideration of a further application by or in respect of that patient until such date as it may direct, not being later than—

(a) the expiration of the period of six months from the date on which the previous application was determined; or

(b) the expiration of the current period of detention, whichever shall be the earlier.

(2) The power of postponement shall not be exercised unless the tribunal is satisfied, after making appropriate inquiries of the applicant and (where he is not the applicant) the patient, that postponement would be in the interests of the patient.

(3) The power of postponement shall not apply to—

(a) an application under section 66(1)(d) [or (gb)] of the Act;

(b) an application under section 66(1)(f) of the Act in respect of a renewal of authority for detention of the patient for a period of six months [or an application under section 66(1)(gc)[8] of the Act in respect of a report furnished under section 25G(3) concerning renewal of after-care under supervision], unless the previous application or reference was made to the tribunal more than three months after the patient’s admission to hospital[, reception into guardianship or becoming subject to after-care under supervision];

(c) an application under section 66(1)(g) of the Act;

(d) any application where the previous application or reference was determined before a break or change in the authority for the patient’s detention or guardianship [or his being (or being about to be) subject to after-care under supervision] as defined in paragraph (7).

(4) Where the consideration of an application is postponed, the tribunal shall state in writing the reasons for postponement and the period for which the application is postponed and shall send a copy ofthe statement to all the parties and, in the case of a restricted patient, the Secretary of State.

(5) Where the consideration of an application is postponed, the tribunal shall send a further notice of the application in accordance with rule 4 not less than 7 days before the end of the period of postponement and consideration of the application shall proceed thereafter, unless before the end of the period of postponement the application has been withdrawn or is deemed to be withdrawn in accordance with the provisions ofrule 19 or has been determined in accordance with the next following paragraph.

(6) Where a new application which is not postponed under this rule or a reference is made in respect of a patient, the tribunal may direct that any postponed application in respect of the same patient shall be considered and determined at the same time as the new application or reference.

(7) For the purpose of paragraph (3)(d) a break or change in the authority for the detention or guardianship [or his being (or being about to be) subject to after-care under supervision] of a patient shall be deemed to have occurred only—

(a) on his admission to hospital in pursuance of an application for treatment or in pursuance of a hospital order without an order restricting his discharge; or

(b) on his reception into guardianship in pursuance of a guardianship application or a guardianship order; or

(c) on the application to him of the provisions of Part II or Part III of the Act as if he had been so admitted or received following—

(i) the making of a transfer direction, or

(ii) the ceasing of effect of a transfer direction or an order or direction restricting his discharge; or

(d) on his transfer from guardianship to hospital in pursuance of regulations made under section 19 of the Act.

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