View source for Mental Health Review Tribunal for Wales Rules 2008

{{Legislation
|Type=UK Statutory Instrument
|Year=2008
|Number=2705
|Subject=Tribunal legislation
|Summary=These new rules for the Mental Health Review Tribunal for Wales came into force on 3/11/08. See [[MHRT for Wales and coronavirus]] for updates.
|Detail===Coronavirus==
The following paragraphs of schedule 8 of the [[Coronavirus Act 2020]] were brought into force on 27/3/20 by the [[Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020]].

<div class="perm">
'''Constitution and proceedings of the Mental Health Review Tribunal for Wales'''

11.—(1) Sub-paragraph (2) applies if the President of the Mental Health Review Tribunal for Wales (“the Tribunal”), or another member of the Tribunal appointed by the President for the purpose referred to in paragraph 4 of Schedule 2 to the 1983 Act, considers that it is impractical or would involve undesirable delay for the Tribunal to be constituted, for the purposes of any proceedings or class or group of proceedings under the 1983 Act, by at least three members as provided for in that paragraph.

(2) The President, or that other member, may instead appoint to constitute the Tribunal, for the purposes of those proceedings or that class or group of proceedings—

:(a) one of the legal members of the Tribunal, or

:(b) one of the legal members of the Tribunal and one other member who is not a legal member.

(3) Where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b), section 65(3) has effect as if the reference to any three or more of its members were a reference to that one member or those two members (as the case may be).

(4) Paragraph 6 of Schedule 2 to the 1983 Act does not apply where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b).

If the Tribunal is constituted by two members, the legal member is to be the chairman.

(5) Where the Tribunal is constituted by a single member under sub-paragraph (2)(a), in rule 11(2) of the Mental Health Review Tribunal for Wales Rules 2008 (S.I. 2008/2705) (“the 2008 Rules”), the reference to the chairman is to be read as a reference to that member.

(6) Where the Tribunal is constituted under sub-paragraph (2) without a medical member, rule 20(1) and (2) of the 2008 Rules does not apply.

12.—(1) The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”) have effect subject to this paragraph.

(2) The Tribunal may determine an application or reference without a hearing if it considers that—

:(a) holding a hearing is impractical or would involve undesirable delay,

:(b) having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it to come to a decision without a hearing, and

:(c) to dispense with a hearing would not be detrimental to the health of the patient.

(3) The Tribunal must, as soon as reasonably practicable, give notice to each party of—

:(a) its decision to dispense with a hearing under sub-paragraph (2), and

:(b) the earliest time at which it might determine the application or reference in accordance with that sub-paragraph (which must be such as to afford the parties reasonable notice).

(4) Where an application or reference is to be determined in accordance with sub-paragraph (2)—

:(a) in rules 4, 15 and 20 of the 2008 Rules, references to a hearing (or its commencement) are to be read as references to the time notified under sub-paragraph (3)(b);

:(b) in rule 24(1) and (2) of the 2008 Rules, references to the start of the hearing are to be read as references to the determination of the application or reference;

:(c) in rule 28 of the 2008 Rules—

::(i) paragraph (1) does not apply, and

::(ii) in paragraph (3), references to the hearing are to be read as references to the determination of the application or reference.

(5) The Tribunal may at any time reverse a decision to dispense with a hearing under sub-paragraph (2), and if it does so it must give notice to each party and make such consequential directions as it considers appropriate.

(6) Expressions used in this paragraph and in the 2008 Rules have the same meaning as in those Rules.

13.—(1) If the President of the Tribunal is temporarily unable to discharge the functions of the office, the President of the Welsh Tribunals may from time to time nominate another legal member of the Tribunal to act as the temporary deputy of the President of the Tribunal for the purpose of discharging those functions generally or certain of them specifically.

(2)While such a nomination remains in force, any reference to the President of the Tribunal in the 1983 Act or any other enactment or instrument is to be read accordingly.
</div>

==Explanatory note==
{{welsh-tribunal-rules-toc}}
{{Text:Welsh Tribunal rule explanatory note}}

==Preamble etc==
{{Text:Welsh Tribunal rule preamble etc}}

==PART 1: Introduction==
===Rule 1===
{{Text:Welsh Tribunal rule 1}}

===Rule 2===
{{Text:Welsh Tribunal rule 2}}

===Rule 3===
{{Text:Welsh Tribunal rule 3}}

==PART 2: General powers and provisions==
===Rule 4===
{{Text:Welsh Tribunal rule 4}}

===Rule 5===
{{Text:Welsh Tribunal rule 5}}

===Rule 6===
{{Text:Welsh Tribunal rule 6}}

===Rule 7===
{{Text:Welsh Tribunal rule 7}}

===Rule 8===
{{Text:Welsh Tribunal rule 8}}

===Rule 9===
{{Text:Welsh Tribunal rule 9}}

===Rule 10===
{{Text:Welsh Tribunal rule 10}}

===Rule 11===
{{Text:Welsh Tribunal rule 11}}

===Rule 12===
{{Text:Welsh Tribunal rule 12}}

===Rule 13===
{{Text:Welsh Tribunal rule 13}}

==PART 3: Proceedings before the Tribunal==
==Chapter 1: Before the final determination==
===Rule 14===
{{Text:Welsh Tribunal rule 14}}

===Rule 15===
{{Text:Welsh Tribunal rule 15}}

===Rule 16===
{{Text:Welsh Tribunal rule 16}}

===Rule 17===
{{Text:Welsh Tribunal rule 17}}

===Rule 18===
{{Text:Welsh Tribunal rule 18}}

===Rule 19===
{{Text:Welsh Tribunal rule 19}}

===Rule 20===
{{Text:Welsh Tribunal rule 20}}

===Rule 21===
{{Text:Welsh Tribunal rule 21}}

===Rule 22===
{{Text:Welsh Tribunal rule 22}}

===Rule 23===
{{Text:Welsh Tribunal rule 23}}

==Chapter 2: Hearings==
===Rule 24===
{{Text:Welsh Tribunal rule 24}}

===Rule 25===
{{Text:Welsh Tribunal rule 25}}

===Rule 26===
{{Text:Welsh Tribunal rule 26}}

===Rule 27===
{{Text:Welsh Tribunal rule 27}}

==Chapter 3: Decisions==
===Rule 28===
{{Text:Welsh Tribunal rule 28}}

==PART 4: Correcting and appealing Tribunal decisions==
===Rule 29===
{{Text:Welsh Tribunal rule 29}}

===Rule 30===
{{Text:Welsh Tribunal rule 30}}

==PART 5: Revocations==
===Rule 31===
{{Text:Welsh Tribunal rule 31}}

==SCHEDULE: Statements by the Responsible Authority and the Secretary of State==
===Part A===
{{Text: Welsh Tribunal schedule part A}}

===Part B===
{{Text: Welsh Tribunal schedule part B}}

===Part C===
{{Text: Welsh Tribunal schedule part C}}

===Part D===
{{Text: Welsh Tribunal schedule part D}}
|News=No
|RSS pubdate=2021-4-8 09:32:19 PM
}}