Article 26 Amendment of the 1986 Rules

After rule 29 of the 1986 Rules insert:—

“References by the Attorney-General, the Department and the Master (Care and Protection)

29A.

The tribunal shall consider a reference under the Act by the Attorney-General, the Department and the Master (Care and Protection) as if there had been an application by the other detained person and the provisions of these Rules shall apply with the following modifications—

(a)

rules 3, 4, 9 and 19 shall not apply;

(b)

the tribunal shall, on receipt of the reference, send notice thereof to the other detained person and:—

(i)

the relevant HSC Trust; or

(ii)

if a privately funded person is detained under the Act in a private facility, the managing authority of that facility;

(c)

rules 5, 6 and 7 shall apply as if rule 6(1) referred to the notice of reference;

(d)

rule 24 shall apply as if “party” includes, as appropriate, the Attorney-General, the Department and the Master (Care and Protection);

(e)

any reference to which this rule relates may be withdrawn by the person or body making it at any time before it is determined by the tribunal, and, where a reference is so withdrawn, the tribunal shall inform the other detained person and the other parties that the reference has been withdrawn.”.