# The Tribunal Procedure (Amendment No. 2) Rules 2024, Regulation 4: Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008


(1) The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 are amended as follows.
(2) In rule 35 (restrictions on disposal of proceedings without a hearing)—
(a) for paragraph (3) substitute—
“(3) The Tribunal may make a decision on a reference under section 68 (duty of managers of hospitals to refer cases to tribunal), 71(2) (references by Secretary of State concerning restricted patients) or 75(1) (references concerning conditionally discharged restricted patients) of the Mental Health Act 1983, as the case may be, without a hearing if the patient is aged 18 or over and—
(a) in the case of a patient who is a community patient, the patient or the patient’s representative has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference, or
(b) in the case of a patient who is not a community patient and is legally represented, the patient’s representative has stated in writing that—
(i) the patient does not wish to attend or be represented at a hearing of the reference, and
(ii) the patient’s representative has discussed with the patient the contents of any reports and any other documents provided by the responsible clinician and any social supervisor in respect of the patient, and is satisfied that the patient has the capacity to decide whether or not to make that decision, and
the Tribunal is satisfied that the patient has the capacity to make that decision.”;
(b) after paragraph (4) insert—
“(5) Paragraph (3) does not apply where—
(a) the patient’s case has not previously been considered by the Tribunal, or
(b) the patient’s case was last considered by the Tribunal without a hearing.”.

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Source: https://www.legislation.gov.uk/uksi/2024/1283/regulation/4 (the official version)
Page: https://openlegislation.uk/tribunal-procedure-amendment-no-2-rules-2024/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.