1989 Ed.]
Mental Health Review Tribunal Rules
[CAP. 136 C7
[Subsidiary]
(4) Without prejudice to rule 11(3), the secretary shall send to an authorized representative copies of all notices and documents which are by these rules required or authorized to be sent to the person whom he represents and such representative may take all such steps and do all such things relating to the proceedings as the person whom he represents is by these rules required or authorized to take or do.
(5) Any document required or authorized by these rules to be sent or given to any person shall, if sent or given to the authorized representative of that person, be deemed to have been sent or given to that person.
(6) Unless the tribunal otherwise directs, a patient or any other party appearing before the tribunal may be accompanied by such other person or persons as he wishes, in addition to any representative he may have authorized.
10. Medical examination
At any time before the hearing of the application, the medical member or, where the tribunal includes more than one, at least one of them shall examine the patient and take such other steps as he considers necessary to form an opinion of the patient's mental condition; and for this purpose the patient may be seen in private and all his medical records may be examined by the medical member, who may take such notes and copies of them as he may require, for use in connection with the application.
11. Disclosure of documents
(1) Subject to subrule (2), the secretary shall, as soon as practicable, send a copy of every document the tribunal receives which is relevant to the application to the applicant, and (where he is not the applicant) the patient, the responsible authority and any of those persons may submit comments thereon in writing to the tribunal.
(2) As regards any documents which have been received by the tribunal but which have not been copied to the applicant or the patient, including documents withheld in accordance with rule 6, the tribunal shall consider whether disclosure of such documents would adversely affect the health or welfare of the patient or others and, if satisfied that it would, shall record in writing its decision not to disclose such documents.
(3) Where the tribunal is minded not to disclose any document to which subrule (1) applies to an applicant or a patient who has an authorized representative, it shall nevertheless disclose it as soon as practicable to that representative if he is-
(a) a barrister or solicitor;
(b) a registered medical practitioner; or
(c) in the opinion of the tribunal, a suitable person by virtue of his
experience or professional qualification:
1989 Ed.]
Mental Health Review Tribunal Rules
[CAP. 136 C7
[Subsidiary]
(4) Without prejudice to rule 11(3), the secretary shall send to an authorized representative copies of all notices and documents which are by these rules required or authorized to be sent to the person whom he represents and such representative may take all such steps and do all such things relating to the proceedings as the person whom he represents is by these rules required or authorized to take or do.
(5) Any document required or authorized by these rules to be sent or given to any person shall, if sent or given to the authorized representative of that person, be deemed to have been sent or given to that person.
(6) Unless the tribunal otherwise directs, a patient or any other party appearing before the tribunal may be accompanied by such other person or persons as he wishes, in addition to any representative he may have authorized.
10. Medical examination
At any time before the hearing of the application, the medical member or, where the tribunal includes more than one, at least one of them shall examine the patient and take such other steps as he considers necessary to form an opinion of the patient's mental condition; and for this purpose the patient may be seen in private and all his medical records may be examined by the medical member, who may take such notes and copies of them as he may require, for use in connection with the application.
11. Disclosure of documents
(1) Subject to subrule (2), the secretary shall, as soon as practicable, send a copy of every document the tribunal receives which is relevant to the application to the applicant, and (where he is not the applicant) the patient, the responsible authority and any of those persons may submit comments thereon in writing to the tribunal.
(2) As regards any documents which have been received by the tribunal but which have not been copied to the applicant or the patient, including documents withheld in accordance with rule 6, the tribunal shall consider whether disclosure of such documents would adversely affect the health or welfare of the patient or others and, if satisfied that it would, shall record in writing its decision not to disclose such documents.
(3) Where the tribunal is minded not to disclose any document to which subrule (1) applies to an applicant or a patient who has an authorized representative, it shall nevertheless disclose it as soon as practicable to that representative if he is-
(a) a barrister or solicitor;
(b) a registered medical practitioner; or
(c) in the opinion of the tribunal, a suitable person by virtue of his
experience or professional qualification:
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