{
  "url": "https://openlegislation.uk/review-tribunal-amendment-no-2-rules-northern-ireland-2019/article-3",
  "json_url": "https://openlegislation.uk/review-tribunal-amendment-no-2-rules-northern-ireland-2019/article-3.json",
  "legislation": "nisr/2019/202",
  "legislation_title": "The Review Tribunal (Amendment No. 2) Rules (Northern Ireland) 2019",
  "legislation_url": "https://openlegislation.uk/review-tribunal-amendment-no-2-rules-northern-ireland-2019",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Amendment of the 1986 Rules",
  "text": "(1) Rule 2 of the 1986 Rules is amended as follows.\n(2) Before the definition of “the Board’s statement” insert:—\n““the Act” means the Mental Capacity Act (Northern Ireland) 2016;”.\n(3) In the definition of “the Board’s statement” for “responsible Board” substitute “responsible authority or relevant HSC Trust”.\n(4) After the definition of “decision with recommendations” insert:—\n““delivered” includes delivered by electronic mail;”.\n(5) After the definition of “Department” insert:—\n““hearing” includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;\n“HSC Trust” has the meaning assigned to it by section 306(1) of the Act;”.\n(6) After the definition of the “nearest relative” insert:—\n““nominated person” means a person who has for the time being the functions under the Act of the nominated person of an individual who is detained under the Act in circumstances amounting to a deprivation of liberty;”.\n(7) After the definition of “the Order” insert:—\n““other detained person” means an individual who is detained under the Act, but not the Order, in circumstances amounting to a deprivation of liberty;”.\n(8) For the definition of “party” substitute:—\n““party” means any person who, as the case may be: —\n(a) has brought an application under the Order or Act;\n(b) is a person to whom the application under the Order or Act relates;\n(c) has been given notice of the proceedings under these Rules;\n(d) has been added as a party by the direction of the tribunal;”.\n(9) In the definition of “private guardian” omit “in relation to a patient”.\n(10) In the definition of “proceedings” omit “following an application or reference in relation to a patient”.\n(11) After the definition of “provisional decision” insert:—\n““qualifying person” means a person or authority mentioned in section 80(5) of the Act, apart from an attorney under a lasting power of attorney or a deputy appointed by the court;”.\n(12) In the definition of “reference”:—\n(a) in paragraph (b), after “the Order” insert “or section 47(2) or 48(1) of the Act”;\n(b) after paragraph (c), insert:—\n“(ca) in relation to rule 29A, a reference by any of the persons or bodies mentioned in section 47(2) of the Act;”; and\n(c) in paragraph (d), after “the Order” insert “or section 48(1) of the Act”.\n(13) After the definition of “reference” insert:—\n““2019 Regulations” means the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019;\n“relevant HSC Trust” means the HSC Trust responsible for the care or treatment of a person who is detained under the Act, but not the Order, in circumstances amounting to a deprivation of liberty;”.\n(14) For the definition of “responsible Board” substitute:—\n““responsible authority” has the meaning assigned to it by Article 2(2) of the Order;”.\n(15) After the definition of “responsible Board” insert:—\n““responsible body” means, as the case may be:—\n(a) the responsible authority;\n(b) the relevant HSC Trust;\n(c) if a privately funded person is detained under the Act in a private facility, the managing authority of that facility;”.\n(16) In the definition of “the tribunal” omit “Mental Health”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2016 c.18."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.R. 2019/199."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2019/202/article/3",
    "retrieved_at": "2026-10-29T00:45:30.212677+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}