General provisions concerning tribunal applications
77.—(1) No application shall be made to a Mental Health Review Tribunal by or in respect of a patient except in such cases and at such times as are expressly provided by this Act.
(2) Where under this Act any person is authorised to make an application to a Mental Health Review Tribunal within a specified period, not more than one such application shall be made by that person within that period but for that purpose there shall be disregarded any application which is withdrawn in accordance with rules made under section 78 below.
(3) Subject to subsection (4) below an application to a Mental Health Review Tribunal authorised to be made by or in respect of a patient under this Act shall be made by notice in writing addressed
- [(a) in the case of a patient who is liable to be detained in a hospital, to the tribunal for the area in which that hospital is situated;
- (b) in the case of a community patient, to the tribunal for the area in which the responsible hospital is situated;
- (c) in the case of a patient subject to guardianship, to the tribunal for the area in which the patient is residing.][1]
(4) Any application under section 75(2) above shall be made to the tribunal for the area in which the patient resides.
Amendments