Senedd Cymru has enacted the Mental Health Review Tribunal for Wales (Membership) Act 2026 to clarify who may serve as the tribunal’s medical member. Royal Assent was given on 21 January 2026 and, under the Act, commencement follows the next day to restore operational certainty. (gov.wales)
The Act amends the Mental Health Act 1983 so that a “registered medical practitioner” for tribunal purposes is a doctor fully registered under the Medical Act 1983, whether or not they hold a licence to practise. Ministers state this aligns Wales with the eligibility position in England. (gov.wales)
The legislation also confirms legal certainty for the past. Where a medical member did not hold a licence to practise before the change, that fact does not affect the validity of their appointment or their membership of the tribunal during that period. (gov.wales)
Following Senedd scrutiny, a further duty now requires Welsh Ministers to review the training arrangements maintained by the President of Welsh Tribunals for medical members who do not hold licences to practise and to publish a report within 12 months of commencement. This adds a specific assurance on clinical currency alongside the eligibility change. (record.senedd.wales)
The change responds to an operational constraint identified in early January. After advice on the 1983 Act, the President of the Tribunal paused non‑licensed medical members from sitting, leaving only 19 eligible from a pool that had previously stood at 43. The Government therefore sought emergency passage on 13–14 January to avert risks to the tribunal’s capacity. (gov.wales)
Timeliness is central to the Mental Health Act framework. The Plenary record notes that initial reviews of detention are required within seven days, a schedule that was at risk without legislative clarification. The Act is intended to stabilise panel availability so hearings can proceed within statutory time limits. (record.senedd.wales)
Routes for appointment remain unchanged: medical members are appointed by the Lord Chancellor on the advice of the Judicial Appointments Commission. The statutory change concerns eligibility only and is designed to bring Wales into line with England while safeguarding tribunal functioning. (gov.wales)
Key dates for officials: Royal Assent on 21 January 2026; commencement the next day; and a public report on training is due within 12 months of commencement, i.e. by 22 January 2027. The short title may be cited in English and Welsh: the Mental Health Review Tribunal for Wales (Membership) Act 2026 and Deddf Tribiwnlys Adolygu Iechyd Meddwl Cymru (Aelodaeth) 2026. (rcpsych.ac.uk)