Mental Health Act 2016
sec.800FDecision by special tribunal on referral
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sec.800F Decision by special tribunal on referral
This section applies if, on considering a referral of a relevant decision, the special tribunal is satisfied the relevant decision is likely to have been affected in a material way because, when the decision was made, the tribunal was constituted in a way mentioned in section 800D (1) . The special tribunal may— if the relevant decision is still in force—refer the matter to the tribunal for a new decision under section 800G ; and make any other recommendation to the chief executive about the relevant decision the tribunal considers appropriate. However, if an appeal is or has been made against the relevant decision, the special tribunal must not make a decision under subsection (2) until the appeal is decided or withdrawn. s 800F ins 2017 No. 3 s 50A (sec.800F-ssec.1) This section applies if, on considering a referral of a relevant decision, the special tribunal is satisfied the relevant decision is likely to have been affected in a material way because, when the decision was made, the tribunal was constituted in a way mentioned in section 800D (1) . (sec.800F-ssec.2) The special tribunal may— if the relevant decision is still in force—refer the matter to the tribunal for a new decision under section 800G ; and make any other recommendation to the chief executive about the relevant decision the tribunal considers appropriate. (sec.800F-ssec.3) However, if an appeal is or has been made against the relevant decision, the special tribunal must not make a decision under subsection (2) until the appeal is decided or withdrawn.
- (a) if the relevant decision is still in force—refer the matter to the tribunal for a new decision under section 800G ; and
- (b) make any other recommendation to the chief executive about the relevant decision the tribunal considers appropriate.