Part 1Amendments to Mental Health Act 1983

Chapter 5Mental Health Review Tribunals

I138Organisation

1

The 1983 Act is amended as follows.

2

In section 65 (Mental Health Review Tribunals), for subsections (1) to (1C) substitute—

1

There shall be—

a

a Mental Health Review Tribunal for England; and

b

a Mental Health Review Tribunal for Wales.

1A

The purpose of the Mental Health Review Tribunals is to deal with applications and references by and in respect of patients under the provisions of this Act.

3

In section 78 (procedure of tribunals)—

I2a

in subsections (2)(a) and (k) and (6), for “chairman” substitute “ President ”,

b

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2d

in subsection (4)(a), for “president” substitute “ chairman ”, and

e

in subsection (6) omit “, if for any reason he is unable to act,”.

4

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I35

Schedule 2 (Mental Health Review Tribunals) is amended as set out in subsections (6) to (9).

I26

For paragraph 3 substitute—

3

1

The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal.

2

The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal.

7

In paragraph 4—

I2a

for “chairman”, in each place, substitute “ President ”, and

b

omit “, if for any reason he is unable to act,”.

8

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I29

In paragraph 6—

a

for “chairman”, in each place, substitute “ President ”, and

b

for “president”, in each place, substitute “ chairman ”.