Paragraph 5 F1

England and Wales

(1)

A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales.

(F21A)

A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales.

(2)

Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales.

(3)

Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) F3or (1A) to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal.

Annotations

Textual amendments

F1: Sch. 2 para. 5 inserted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 162 (with Sch. 5)
F2: Sch. 2 para. 5(1A) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(3)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
F3: Words in Sch. 2 para. 5(3) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Schedule 2

Textual amendments

F1: Words in Sch. 2 title substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 6, Sch. 3 para. 67(b)