# The Review Tribunal (Amendment No. 2) Rules (Northern Ireland) 2019, Article 3: Amendment of the 1986 Rules


(1) Rule 2 of the 1986 Rules is amended as follows.
(2) Before the definition of “the Board’s statement” insert:—
““the Act” means the Mental Capacity Act (Northern Ireland) 2016;”.
(3) In the definition of “the Board’s statement” for “responsible Board” substitute “responsible authority or relevant HSC Trust”.
(4) After the definition of “decision with recommendations” insert:—
““delivered” includes delivered by electronic mail;”.
(5) After the definition of “Department” insert:—
““hearing” includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“HSC Trust” has the meaning assigned to it by section 306(1) of the Act;”.
(6) After the definition of the “nearest relative” insert:—
““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;”.
(7) After the definition of “the Order” insert:—
““other detained person” means an individual who is detained under the Act, but not the Order, in circumstances amounting to a deprivation of liberty;”.
(8) For the definition of “party” substitute:—
““party” means any person who, as the case may be: —
(a) has brought an application under the Order or Act;
(b) is a person to whom the application under the Order or Act relates;
(c) has been given notice of the proceedings under these Rules;
(d) has been added as a party by the direction of the tribunal;”.
(9) In the definition of “private guardian” omit “in relation to a patient”.
(10) In the definition of “proceedings” omit “following an application or reference in relation to a patient”.
(11) After the definition of “provisional decision” insert:—
““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;”.
(12) In the definition of “reference”:—
(a) in paragraph (b), after “the Order” insert “or section 47(2) or 48(1) of the Act”;
(b) after paragraph (c), insert:—
“(ca) in relation to rule 29A, a reference by any of the persons or bodies mentioned in section 47(2) of the Act;”; and
(c) in paragraph (d), after “the Order” insert “or section 48(1) of the Act”.
(13) After the definition of “reference” insert:—
““2019 Regulations” means the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019;
“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;”.
(14) For the definition of “responsible Board” substitute:—
““responsible authority” has the meaning assigned to it by Article 2(2) of the Order;”.
(15) After the definition of “responsible Board” insert:—
““responsible body” means, as the case may be:—
(a) the responsible authority;
(b) the relevant HSC Trust;
(c) if a privately funded person is detained under the Act in a private facility, the managing authority of that facility;”.
(16) In the definition of “the tribunal” omit “Mental Health”.

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Source: https://www.legislation.gov.uk/nisr/2019/202/article/3 (the official version)
Page: https://openlegislation.uk/review-tribunal-amendment-no-2-rules-northern-ireland-2019/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.