1964_MENTAL_HEALTH_REVIEW_TRIBUNAL_RULES — Page 10

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C 10 CAP. 136]
Mental Health Review Tribunal Rules
[1989 Ed.
[Subsidiary]

(2) When the tribunal sits in private it may admit to the hearing such persons on such terms and conditions as it considers appropriate.

(3) The tribunal may exclude from any hearing or part of a hearing any person or class of persons, other than a representative of the applicant or of the patient to whom documents would be disclosed in accordance with rule 11(3), and in any case where the tribunal decides to exclude the applicant or the patient or their representatives or a representative of the responsible authority, it shall inform the person excluded of its reasons and record those reasons in writing.

(4) Except in so far as the tribunal may direct, information about proceedings before the tribunal and the names of any persons concerned in the proceedings shall not be made public.

21. Hearing procedure

(1) The tribunal may conduct the hearing in such manner as it considers most suitable bearing in mind the health and interests of the patient and it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings.

(2) At any time before the application is determined, the tribunal or any one or more of its members may interview the patient, and shall interview him if he so requests, and the interview may, and shall if the patient so requests, take place in the absence of any other person.

(3) At the beginning of the hearing the chairman shall explain the manner of proceeding which the tribunal proposes to adopt.

(4) Subject to rule 20(3), any party and, with the permission of the tribunal, any other person, may appear at the hearing and take such part in the proceedings as the tribunal thinks proper; and the tribunal shall in particular hear and take evidence from the applicant, the patient (where he is not the applicant) and the responsible authority who may all hear each other's evidence, put questions to each other, call witnesses and put questions to any witness or other person appearing before the tribunal.

(5) After all the evidence has been given, the applicant and (where he is not the applicant) the patient shall be given a further opportunity to address the tribunal.

PART V
DECISIONS, FURTHER CONSIDERATION AND
MISCELLANEOUS PROVISIONS

22. Decisions

(1) Any decision of the majority of the members of a tribunal shall be the decision of the tribunal and, in the event of an equality of votes, the chairman of the tribunal shall have a second or casting vote.

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C 10 CAP. 136] Mental Health Review Tribunal Rules [1989 Ed. [Subsidiary] (2) When the tribunal sits in private it may admit to the hearing such persons on such terms and conditions as it considers appropriate. (3) The tribunal may exclude from any hearing or part of a hearing any person or class of persons, other than a representative of the applicant or of the patient to whom documents would be disclosed in accordance with rule 11(3), and in any case where the tribunal decides to exclude the applicant or the patient or their representatives or a representative of the responsible authority, it shall inform the person excluded of its reasons and record those reasons in writing. (4) Except in so far as the tribunal may direct, information about proceedings before the tribunal and the names of any persons concerned in the proceedings shall not be made public. 21. Hearing procedure (1) The tribunal may conduct the hearing in such manner as it considers most suitable bearing in mind the health and interests of the patient and it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings. (2) At any time before the application is determined, the tribunal or any one or more of its members may interview the patient, and shall interview him if he so requests, and the interview may, and shall if the patient so requests, take place in the absence of any other person. (3) At the beginning of the hearing the chairman shall explain the manner of proceeding which the tribunal proposes to adopt. (4) Subject to rule 20(3), any party and, with the permission of the tribunal, any other person, may appear at the hearing and take such part in the proceedings as the tribunal thinks proper; and the tribunal shall in particular hear and take evidence from the applicant, the patient (where he is not the applicant) and the responsible authority who may all hear each other's evidence, put questions to each other, call witnesses and put questions to any witness or other person appearing before the tribunal. (5) After all the evidence has been given, the applicant and (where he is not the applicant) the patient shall be given a further opportunity to address the tribunal. PART V DECISIONS, FURTHER CONSIDERATION AND MISCELLANEOUS PROVISIONS 22. Decisions (1) Any decision of the majority of the members of a tribunal shall be the decision of the tribunal and, in the event of an equality of votes, the chairman of the tribunal shall have a second or casting vote. Page 10 Page 11
Baseline (Original)
C 10 CAP. 136] Mental Health Review Tribunal Rules [1989 Ed. [Subsidiary] (2) When the tribunal sits in private it may admit to the hearing such persons on such terms and conditions as it considers appropriate. (3) The tribunal may exclude from any hearing or part of a hearing any person or class of persons, other than a representative of the applicant or of the patient to whom documents would be disclosed in accordance with rule 11(3), and in any case where the tribunal decides to exclude the applicant or the patient or their representatives or a representative of the responsible authority, it shall inform the person excluded of its reasons and record those reasons in writing. (4) Except in so far as the tribunal may direct, information about proceedings before the tribunal and the names of any persons concerned in the proceedings shall not be made public. 21. Hearing procedure (1) The tribunal may conduct the hearing in such manner as it considers most suitable bearing in mind the health and interests of the patient and it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings. (2) At any time before the application is determined, the tribunal or any one or more of its members may interview the patient, and shall interview him if he so requests, and the interview may, and shall if the patient so requests, take place in the absence of any other person. (3) At the beginning of the hearing the chairman shall explain the manner of proceeding which the tribunal proposes to adopt. (4) Subject to rule 20(3), any party and, with the permission of the tribunal, any other person, may appear at the hearing and take such part in the proceedings as the tribunal thinks proper; and the tribunal shall in particular hear and take evidence from the applicant, the patient (where he is not the applicant) and the responsible authority who may all hear each other's evidence, put questions to each other, call witnesses and put questions to any witness or other person appearing before the tribunal. (5) After all the evidence has been given, the applicant and (where he is not the applicant) the patient shall be given a further opportunity to address the tribunal. PART V DECISIONS, FURTHER CONSIDERATION AND MISCELLANEOUS PROVISIONS 22. Decisions (1) Any decision of the majority of the members of a tribunal shall be the decision of the tribunal and, in the event of an equality of votes, the chairman of the tribunal shall have a second or casting vote. Page 10Page 11
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C 10 CAP. 136]

Mental Health Review Tribunal Rules

[1989 Ed.

[Subsidiary]

(2) When the tribunal sits in private it may admit to the hearing such persons on such terms and conditions as it considers appropriate.

(3) The tribunal may exclude from any hearing or part of a hearing any person or class of persons, other than a representative of the applicant or of the patient to whom documents would be disclosed in accordance with rule 11(3), and in any case where the tribunal decides to exclude the applicant or the patient or their representatives or a representative of the responsible authority, it shall inform the person excluded of its reasons and record those reasons in writing.

(4) Except in so far as the tribunal may direct, information about proceedings before the tribunal and the names of any persons concerned in the proceedings shall not be made public.

21. Hearing procedure

(1) The tribunal may conduct the hearing in such manner as it considers most suitable bearing in mind the health and interests of the patient and it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings.

(2) At any time before the application is determined, the tribunal or any one or more of its members may interview the patient, and shall interview him if he so requests, and the interview may, and shall if the patient so requests, take place in the absence of any other person.

(3) At the beginning of the hearing the chairman shall explain the manner of proceeding which the tribunal proposes to adopt.

(4) Subject to rule 20(3), any party and, with the permission of the tribunal, any other person, may appear at the hearing and take such part in the proceedings as the tribunal thinks proper; and the tribunal shall in particular hear and take evidence from the applicant, the patient (where he is not the applicant) and the responsible authority who may all hear each other's evidence, put questions to each other, call witnesses and put questions to any witness or other person appearing before the tribunal.

(5) After all the evidence has been given, the applicant and (where he is not the applicant) the patient shall be given a further opportunity to address the tribunal.

PART V

DECISIONS, FURTHER CONSIDERATION AND

MISCELLANEOUS PROVISIONS

22. Decisions

(1) Any decision of the majority of the members of a tribunal shall be the decision of the tribunal and, in the event of an equality of votes, the chairman of the tribunal shall have a second or casting vote.

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