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Change 1
As published
SCHEDULE 2 Mental Health Review Tribunal for Wales
Section 65(2).
1 (1) The Mental Health Review Tribunal for Wales shall consist of—
(a) a number of persons (referred to in this Schedule as “the legal members”) appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable;
(b) a number of persons (referred to in this Schedule as “the medical members”) being registered medical practitioners appointed by the Lord Chancellor ... ; and
(c) a number of persons appointed by the Lord Chancellor . . . and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chancellor considers suitable.
(2) In sub-paragraph (1)(b), “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (whether or not that person holds a licence to practise under that Act).
(3) If, before the coming into force of sub-paragraph (2), a person appointed as a medical member under this paragraph did not hold a licence to practise under the Medical Act 1983 (whether at the time of appointment or at any other time), that fact does not affect the validity of—
(a) the person’s appointment to the Mental Health Review Tribunal for Wales, or
(b) the person’s membership of that tribunal during that period.
1A As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.
2 Subject to paragraph 2A below,the members of the Mental Health Review Tribunal for Wales shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.
2A A member of the Mental Health Review Tribunal for Wales shall vacate office on the day on which he attains the age of 75.
3 (1) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal.
(2) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal.
4 Subject to rules made by the Lord Chancellor under section 78(2)(c) above, the members who are to constitute the Mental Health Review Tribunal for Wales for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the President of the tribunal or ..., by another member of the tribunal appointed for the purpose by the President; and of the members so appointed—
(a) one or more shall be appointed from the legal members;
(b) one or more shall be appointed from the medical members; and
(c) one or more shall be appointed from the members who are neither legal nor medical members.
5 (1) A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales.
(1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales.
(2) Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales.
(3) Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) or (1A) to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal.
6 Subject to any rules made by the Lord Chancellor under section 78(4)(a) above, where the President of the tribunal is included among the persons appointed under paragraph 4 above, he shall be chairman of the tribunal; and in any other case the chairman of the tribunal shall be such one of the members so appointed (being one of the legal members) as the President may nominate.
Your change, as a redline
SCHEDULE 2 Mental Health Review Tribunal for Wales
Section 65(2).
1 (1) The Mental Health Review Tribunal for Wales shall consist of—
(a) a number of persons (referred to in this Schedule as “the legal members”) appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable;
(b) a number of persons (referred to in this Schedule as “the medical members”) being registered medical practitioners appointed by the Lord Chancellor ... ; and
(c) a number of persons appointed by the Lord Chancellor . . . and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chancellor considers suitable.
(2) In sub-paragraph (1)(b), “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (whether or not that person holds a licence to practise under that Act).
(3) If, before the coming into force of sub-paragraph (2), a person appointed as a medical member under this paragraph did not hold a licence to practise under the Medical Act 1983 (whether at the time of appointment or at any other time), that fact does not affect the validity of—
(a) the person’s appointment to the Mental Health Review Tribunal for Wales, or
(b) the person’s membership of that tribunal during that period.
1A As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.
2 Subject to paragraph 2A below,the members of the Mental Health Review Tribunal for Wales shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.
2A A member of the Mental Health Review Tribunal for Wales shall vacate office on the day on which he attains the age of 75.
3 (1) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal.
(2) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal.
4 Subject to rules made by the Lord Chancellor under section 78(2)(c) above, the members who are to constitute the Mental Health Review Tribunal for Wales for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the President of the tribunal or ..., by another member of the tribunal appointed for the purpose by the President; and of the members so appointed—
(a) one or more shall be appointed from the legal members;
(b) one or more shall be appointed from the medical members; and
(c) one or more shall be appointed from the members who are neither legal nor medical members.
5 (1) A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales.
(1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales.
(2) Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales.
(3) Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) or (1A) to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal.
6 Subject to any rules made by the Lord Chancellor under section 78(4)(a) above, where the President of the tribunal is included among the persons appointed under paragraph 4 above, he shall be chairman of the tribunal; and in any other case the chairman of the tribunal shall be such one of the members so appointed (being one of the legal members) as the President may nominate.
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