Section 38: Organisation

Mental Health Act 2007 · 2007 c. 12View on legislation.gov.uk

Part 1: Amendments to Mental Health Act 1983 — Chapter 5: Mental Health Review Tribunals

The 1983 Act is amended as follows.

In section 65 (Mental Health Review Tribunals), for subsections (1) to (1C) substitute—

(1)There shall be— (a) a Mental Health Review Tribunal for England; and (b) a Mental Health Review Tribunal for Wales. (1A) The purpose of the Mental Health Review Tribunals is to deal with applications and references by and in respect of patients under the provisions of this Act.

In section 78 (procedure of tribunals)—

in subsections (2)(a) and (k) and (6), for “chairman” substitute ,“ President ”
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in subsection (4)(a), for “president” substitute , and“ chairman ”
in subsection (6) omit “, if for any reason he is unable to act,”.

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Schedule 2 (Mental Health Review Tribunals) is amended as set out in subsections (6) to (9).

For paragraph 3 substitute—

(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.

In paragraph 4—

for “chairman”, in each place, substitute , and“ President ”
omit “, if for any reason he is unable to act,”.

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In paragraph 6—

for “chairman”, in each place, substitute , and“ President ”
for “president”, in each place, substitute .“ chairman ”

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.