Article 11 Appointment of the tribunal
England and Wales
A person shall not be qualified to serve as a member of a Tribunal for the purpose of any proceedings where—
that person is a member, director or registered person (as the case may be) of the responsible authority concerned in the proceedings; or
that person is a member or director of a local health board or National Health Service trust which has the right to discharge the patient under section 23(3) of the Act; or
F1the President or, as the case may be, chairman of the Tribunal considers that that person appears to have a conflict of interest or bias of opinion in respect of the patient, or any other member of that Tribunal or party to the proceedings, or has recently been involved with the medical treatment of the patient in a professional capacity.
The persons qualified to serve as F2chairman of the Tribunal for the consideration of an application or reference relating to a restricted patient shall be restricted to those legal members who have been approved for that purpose by the Lord Chief Justice after consulting the Lord Chancellor.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 M1) to exercise his functions referred to in paragraph (2).
Annotations
Textual amendments
- F1
Words in rule 11(1)(c) substituted (1.12.2017) by The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017 (S.I. 2017/1039), rules 1(1), 2(3)(a) (with rule 3)
- F2
Word in rule 11(2) substituted (1.12.2017) by The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017 (S.I. 2017/1039), rules 1(1), 2(3)(b) (with rule 3)
Marginal citations
- M1