233Validation

233 Validation

[Section 233 Inserted by No. 19 of 2021, s. 16, Applied:05 Nov 2021]

(1)  In this section –

member of the Tribunal has the same meaning as in this Act as in force immediately before the validation day;

Tribunal means the Mental Health Tribunal established under section 167 of this Act as in force immediately before the validation day;

validation day means the day on which the Validation Act 2021 commences.

(2)  If –

(a) a person was appointed as a member of the Tribunal before the validation day; and

(b) during all or part of the period –

(i) beginning on the day on which the appointment referred to in paragraph (a) expired; and

(ii) ending immediately before the validation day –

the person purported to be authorised, under this Act or the Acts Interpretation Act 1931 , to perform, or exercise, as a member of the Tribunal, a function or power of a member of the Tribunal that a member of the Tribunal may perform or exercise –

then, despite any provision of this Act or any other Act –

(c) the person is to be taken to have been, and to always have been, a member of the Tribunal during the period; and

(d) that performance or exercise of that function or power by the person during the period is not to be taken to be, or to ever have been, invalid by reason only that the person was not, but for this section, a member of the Tribunal during all or part of the period; and

(e) the Tribunal is not to be taken to have been, or to ever have been, invalidly constituted by reason only that the person was not, but for this section, a member of the Tribunal during all or part of the period.