Statutory Instrument 1996 No. 510

The Mental Health Review Tribunals (Regions) Order 1996

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© Crown Copyright 1996

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1996 No. 510

MENTAL HEALTH

The Mental Health Review Tribunals (Regions) Order 1996

The Secretary of State for Health, in exercise of powers conferred by section 65(1B) and (1C) of the Mental Health Act 1983^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement
    1.—(1)  This Order may be cited as the Mental Health Review Tribunals (Regions) Order 1996 and shall come into force on 1st April 1996.

    (2)  In this Order "the Act" means the Mental Health Act 1983.

Determination of regions
    2.    Each of the regions described in column (2) of the Schedule to this Order is hereby determined as a region for the purposes of section 65(1A)(a) of the Act (regions of England for which there are to be Mental Health Review Tribunals) and shall be known by the name specified in relation to it in column (1) of that Schedule.

Cessation of effect of deemed determination
    3.    The determination deemed, by virtue of paragraph 15(1) of Schedule 2 to the Health Authorities Act 1995^[2], to have been made by the Secretary of State by order under section 65(1B)(a) of the Act (determination of regions for purposes of section 65(1A)(a)) shall cease to have effect.

Transitional provision
    4.—(1)  Subject to paragraph (2) of this article, each Tribunal which was, immediately before the coming into force of this Order, in existence for a former region, shall continue to exist and shall be the Tribunal for the new region which is, in relation to that former region, the relevant new region.

    (2)  Any application or reference made to a Tribunal for a former region under Part V of the Act before 1st April 1996 but not determined before that date shall be determined by the Tribunal for the relevant new region even if, had the application been made on or after 1st April 1996, it would have been made to a different Tribunal.

    (3)  In this article—

"former region" means a region for which, immediately before 1st April 1996, a Regional Health Authority was established in pursuance of the National Health Service Act 1977^[3] as then in force;
"new region" means, a region determined by article 2 of this Order;
"relevant new region" means, in relation to a former region, the new region which has the same name as that former region;
"Tribunal" means a Mental Health Review Tribunal.

Signed by authority of the Secretary of State for Health

John Bowis

Parliamentary Under Secretary of State, Department of Health

4th March 1996

[1] 1983 c. 20; section 65 was amended by paragraph 107(6) of Schedule 1 to the Health Authorities Act 1995 (c. 17) ("the 1995 Act"). See section 143(2) as amended by section 27(3) of the Criminal Justice Act 1991 (c. 53) and paragraph 107(13) of Schedule 1 to the 1995 Act. See also section 8(1) of the 1995 Act. back

[2] 1995 c. 17. back

[3] 1977 c. 49. See section 8 (as amended by paragraph 28 of Schedule 1 to the Health Services Act 1980 (c. 53), Schedule 10 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and section 1(1) of, and Schedule 10 to, the National Health Service and Community Care Act 1990 (c. 19)) and S.I. 1994/683. See also paragraph 15(2) of Schedule 2 to the Health Authorities Act 1995 (c. 17). back

Explanatory Note