Mental Health Act 20266

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Transitional provision: membership of tribunals

256. (1) Subject to subsection (4)—

(a) a person who is, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”), a member of a tribunal referred to in section 48(3)(a) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the consultant psychiatrist review panel,

(b) a person who is, immediately before the relevant date, a member of a tribunal referred to in section 48(3)(b) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the legal practitioners review panel, and

(c) a person who is, immediately before the relevant date, a member of a tribunal referred to in section 48(3)(c) of the Act of 2001 shall, on the panel establishment date, stand appointed as a member of the community review panel.

(2) A person appointed under subsection (1) shall be so appointed for a period equal to the unexpired period for which he or she was appointed as a member of the tribunal, on the same conditions (including those relating to termination of appointment) as the Commission determined when appointing him or her under section 48(6) of the Act of 2001.

(3) The period served by a person referred to in subsection (1) as a member of a tribunal immediately before the relevant date and the period for which he or she is appointed under subsection (2) shall be regarded as one period of office for the purposes of section 26 (7).

(4) A person who is a member of a tribunal immediately before the relevant date shall, on and after the relevant date, continue as a member of that tribunal and be subject to the Act of 2001 as it stood immediately before the relevant date until the date on which any of the following occurs:

(a) the determination of the final matter referred to that tribunal under—

(i) section 17 or 21 of the Act of 2001, including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001, or

(ii) section 255 , including an appeal involving a decision of the tribunal concerned under section 19 of the Act of 2001;

(b) he or she ceases to hold office under section 48(7), (9) or (10) of the Act of 2001;

(c) his or her period of membership expires,

whichever is soonest.

(5) The functions standing vested in a member of a tribunal immediately before the relevant date shall, in relation to a matter referred to in subsection (4)(a), continue to be performable on and after the relevant date by such a person.

(6) In this section—

“community review panel” has the meaning given to it in section 26 (2)(c);

“consultant psychiatrist review panel” has the meaning given to it in section 26 (2)(a);

“legal practitioners review panel” has the meaning given to it in section 26 (2)(b);

“panel establishment date” means the date that the Commission establishes the community review panel, the consultant psychiatrist review panel and the legal practitioners review panel under section 26 (1).