Article 5 Amendment of the 1986 Rules

After rule 3 of the 1986 Rules insert:—

“Making an application under section 80 of the Act

3A.

(1)
An application shall be made to the tribunal in writing, signed by or on behalf of the qualifying person.

(2)
The application shall wherever possible include the following information:—

(a)
the name of the person to whom the application relates;

(b)
the address of the person to whom the application relates;

(c)
the name and address of the qualifying person and his or her relationship to the person to whom the application relates;

(d)
the basis on which the qualifying person is making the application under section 80 of the Act;

(e)
evidence relating to the medical condition of the person to whom the application relates; and

(f)
the name and address of any representative authorised in accordance with rule 10, or if none has yet been authorised, whether the qualifying person intends to authorise a representative or wishes to conduct his or her own case.

(3)
If any of the information specified in paragraph (2) is not included in the application, it shall insofar as practicable be provided by the relevant HSC Trust, at the request of the tribunal.

(4)
On receipt of an application from a qualifying person, the tribunal shall give notice of the proceedings:—

(a)
to the person to whom the application relates;

(b)
the relevant HSC Trust or the managing authority of any facility in which the applicant or person to whom the application relates is receiving care or treatment;

(c)
where the person to whom the application relates is subject to the guardianship of a private guardian, to the guardian;

(d)
where the financial affairs of the person to whom the application relates are under the control of the Office of Care and Protection, to the Master (Care and Protection);

(e)
where there is a nominated person, to that person; and

(f)
to any other person who, in the opinion of the tribunal, should have an opportunity of being heard.

Making an application under section 83(2) of the Act

3B.

(1)
An application shall be made to the tribunal in writing, signed by or on behalf of the applicant.

(2)
The application shall wherever possible include the following information:—

(a)
the name and address of the applicant;

(b)
the name and address of the nominated person;

(c)
the basis on which the applicant is making the application under section 83(2) of the Act;

(d)
evidence relating to the applicant’s medical condition; and

(e)
the name and address of any representative authorised in accordance with rule 10, or if none has yet been authorised, whether the applicant intends to authorise a representative or wishes to conduct his or her own case.

(3)
If any of the information specified in paragraph (2) is not included in the application, it shall insofar as practicable be provided by the relevant HSC Trust, at the request of the tribunal.

(4)
On receipt of an application, the tribunal shall give notice of the proceedings:—

(a)
to the nominated person;

(b)
the relevant HSC Trust or the managing authority of any facility in which the applicant or person to whom the application relates is receiving care or treatment;

(c)
where the applicant is subject to the guardianship of a private guardian, to the guardian;

(d)
where the applicant’s financial affairs are under the control of the Office of Care and Protection, to the Master (Care and Protection); and

(e)
to any other person who, in the opinion of the tribunal, should have an opportunity of being heard.”.