Tribunal Rules

From WikiMentalHealth

On 3/11/08 the Tribunal systems in both England and Wales changed, but in different ways.

Related legislation

• Appeals from the Upper Tribunal to the Court of Appeal Order 2008 — This Order, which came into force on 3/11/08, states that permission to appeal to the Court of Appeal shall not be granted unless the Upper Tribunal (or, where the Upper Tribunal refuses permission, the relevant appellate court) considers that (a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the relevant appellate court to hear the appeal.

• Discipline of Judges (Designation) Order 2008 — This order makes certain people subject to the disciplinary provisions of the Constitutional Reform Act 2005.

• First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 — This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007 organises and sets out the functions of the various new Tribunal chambers.

• First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 — This order, which came into force on 3/11/08, makes provision as to the number and type of members on a Tribunal panel, and provides for unanimous decisions.

• Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 — SI 2004/696 amends r2, r7, r8 of the MHRT Rules 1983.

• Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 — SI 2006/680 amends MHRT Rules r8.

• Mental Health Review Tribunal (Amendment) Rules 1996 — SI 1996/314 amends the following MHRT Rules: r2, r3, r6, r7, r8, r9, r10, r11, r19, r23, MHRT Rules sch 1 part A, and MHRT Rules sch 1 part B.

• Mental Health Review Tribunal (Amendment) Rules 1998 — SI 1998/1189 amends r7, r25 and r29 of the MHRT Rules 1983.

• Mental Health Review Tribunal Rules 1983 — N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.
• Mental Health Review Tribunal for Wales Rules 2008 — These new rules for the Mental Health Review Tribunal for Wales came into force on 3/11/08.

• Practice Direction: Child, Vulnerable Adult and Sensitive Witnesses — This practice direction defines the three relevant categories of witnesses, then gives details of the circumstances under which they may give evidence, and the manner in which evidence is given. It applies both to the First-tier and Upper Tribunals, and is dated 30/10/08.

• Practice Direction: Health Education and Social Care Chamber: Mental Health Cases — This is the first practice direction, and relates to the contents of reports required for mental health cases. It applies in England to cases started on or after 3/11/08. It supersedes the schedule to the old rules which contained similar requirements - one major change is that a nursing report is now required.

• Transfer of Tribunal Functions Order 2008 — This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007, amongst other things, creates the First-tier Tribunal and the Upper Tribunal.

• Tribunal Procedure (Amendment) Rules 2009 — Various amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 (and other Rules). In force 1/4/09.

• Tribunal Procedure (Amendment) Rules 2010 — Amends Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 by changing the definition of "legal representative". In force 18/1/10.

• Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 — These are the rules for the new Health, Education and Social Care Chamber. The Rules state that they come into force on 3/11/08; however, the Mental Health Tribunal's guidance says that the new Rules apply to applications received after 3/11/08 and, as far as possible, to appeals started before that date, provided that this would not disadvantage the appellant or the Authority.

• Tribunal Procedure (Upper Tribunal) Rules 2008 — These are the rules for the new Upper Tribunal, which come into force on 3/11/08. From 1/4/09 some amendments will be made by the Tribunal Procedure (Amendment) Rules 2009.
• Tribunals, Courts and Enforcement Act 2007 — This Act amends the Tribunals system. See also: Tribunal Rules.

See also

Mental Health Review Tribunal

• Mental Health Tribunal - England

• Mental Health Review Tribunal for Wales - Wales

Tribunal forms

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