The Tribunal Procedure (Amendment No. 2) Rules 2024
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
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. .
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. .
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
How this law is officially changed
Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.