Explanatory note

These Rules amend the Mental Health Review Tribunal (Northern Ireland) Rules 1986 (“the 1986 Rules”) to take account of the changes to the jurisdiction of the tribunal that are provided for by the Mental Capacity Act (Northern Ireland) 2016 (“the Act”). The tribunal’s jurisdiction under the Mental Health (Northern Ireland) Order 1986 remains unchanged.

The 1986 Rules are amended to allow the tribunal to hear applications and referrals relating to the deprivation of liberty of individuals who have been detained under the Act (see amendments to rule 3 of the 1986 Rules and rule 29A) and applications to appoint or remove nominated persons under sections 80 and 83 of the Act (see rules 3A and 3B).

Rule 19A makes provision for applications and referrals under the Act to be determined by the tribunal on the papers.

These Rules also update tribunal procedure by facilitating delivery of documents by electronic mail and permitting hearings to be conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication (see rule 3).