Mental Health Act 2016

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relevant decision, the special tribunal must not make a decision under subsection (2) until the appeal is decided or withdrawn.