Office of Public Sector Information

PART IIIREVOCATION AND AMENDMENT OF ORDERS

Revocation of order in interests of health or welfare

6.  Where a supervision and treatment order is in force in respect of any person and, on the application of the supervised person or the supervising officer, it appears to the court which made the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court may revoke the order.

Amendment of order by reason of change of residence

7.—(1) This paragraph applies where, at any time while a supervision and treatment order is in force in respect of any person, a court of summary jurisdiction acting for the petty sessions district concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the district specified in the order to the area of another Board or authorised HSS trust or another petty sessions district.

(2) Subject to sub-paragraph (3), the court may, and on the application of the supervising officer shall, amend the supervision and treatment order by substituting the other area or, as the case may be, district for the area or district specified in the order.

(3) The court shall not amend under this paragraph a supervision and treatment order which contains requirements which in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area or, as the case may be, district specified in the order unless, in accordance with paragraph 8, it either—

(a)cancels those requirements; or

(b)substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area or district.

Amendment of requirements of order

8.—(1) Without prejudice to the provisions of paragraph 7, but subject to sub-paragraph (2), a court of summary jurisdiction for the petty sessions district concerned may, on the application of the supervised person or the supervising officer, by order amend a supervision and treatment order—

(a)by cancelling any of the requirements of the order; or

(b)by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it.

(2) The power of a court of summary jurisdiction under sub-paragraph (1) shall not include power to amend an order by extending the period specified in it beyond the end of 2 years from the date of the original order.

Amendment of requirements in pursuance of medical report

9.—(1) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision and treatment order—

(a)is of the opinion mentioned in sub-paragraph (2); or

(b)is for any reason unwilling to continue to treat or direct the treatment of the supervised person,

he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 8 to a court of summary jurisdiction for the petty sessions district concerned for the variation or cancellation of the requirement.

(2) The opinion referred to in sub-paragraph (1) is—

(a)that the treatment of the supervised person should be continued beyond the period specified in the supervision and treatment order;

(b)that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;

(c)that the supervised person has failed without reasonable excuse to comply with any of the requirements of the treatment;

(d)that the supervised person is not susceptible to treatment; or

(e)that the supervised person does not require further treatment.

Supplemental

10.—(1) On the making under paragraph 6 of an order revoking a supervision and treatment order, the court shall forthwith give copies of the revoking order to the supervising officer.

(2) A supervising officer to whom in accordance with sub-paragraph (1) copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any hospital in which the supervised person was required by the order to reside.

11.—(1) On the making under paragraph 7 or 8 of an order amending a supervision and treatment order, the clerk of petty sessions shall forthwith—

(a)if the order amends the supervision and treatment order otherwise than by substituting a new district or a new hospital for the one specified in the supervision and treatment order, give copies of the amending order to the supervising officer;

(b)if the order amends the supervision and treatment order in the manner excepted by head (a), send to the clerk of petty sessions for the new petty sessions district concerned—

(i)copies of the amending order; and

(ii)such documents and information relating to the case as he considers likely to be of assistance to a court acting for that district in exercising its functions in relation to the order;

and in a case falling within head (b), the clerk of petty sessions for that district shall give copies of the amending order to the supervising officer.

(2) Where in accordance with sub-paragraph (1) copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any hospital in which the supervised person is or was required by the order to reside.

Article 70(1).

SCHEDULE 3THE MENTAL HEALTH REVIEW TRIBUNAL FOR NORTHERN IRELAND

1.  The Review Tribunal shall consist of—

(a)a number of persons (referred to in this Schedule as “the legal members”) F1 appointed by the Lord Chancellor and having such legal experience as the F1 Lord Chancellor considers suitable [F2after consultation with the Lord Chief Justice];

(b)a number of persons (referred to in this Schedule as “the medical members”) being medical practitioners F1 appointed by the Lord Chancellor F3. . . ; and

(c)a number of persons F1 appointed by the Lord Chancellor F4. . . and having such experience in administration, such knowledge of social services or such other qualifications or experience as the F1 Lord Chancellor considers suitable.

[F11A—(1) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph 1(a)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

(2) As part of the selection process for an appointment under paragraph 1(b) or (c) the Northern Ireland Judicial Appointments Commission shall consult the Head of the Department.]

2.  The members of the Review Tribunal 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 F1 Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.

3.  One of the legal members of the Review Tribunal shall be appointed by the F1 Lord Chancellor as chairman of the tribunal and another legal member shall be so appointed as deputy chairman.

4.—(1) Subject to sub-paragraph (2) and to rules made by the Lord Chancellor under Article 83(2)(b), the Review Tribunal when sitting for the purposes of any proceedings under this Order shall consist of a legal member, a medical member and a member who is neither a legal nor a medical member.

(2) If the chairman of the tribunal, either in a particular case or class of case or generally, so directs the Review Tribunal—

(a)may, for the purposes of any proceedings, consist of one or more other members in addition to those referred to in sub-paragraph (1);

(b)may, for the purposes of any proceedings which are of a preliminary, incidental or interlocutory nature, consist of one member.

5.  The chairman of the Review Tribunal shall appoint the members who are to constitute the tribunal for the purpose of any proceedings under this Order.

6.  Subject to any rules made by the Lord Chancellor under Article 83(4), where the chairman of the tribunal is included among the persons appointed under paragraph 5, he shall be president of the tribunal; and in any other case the president of the tribunal shall be such one of the members so appointed (being one of the legal members) as the chairman may nominate.