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Revised Statute from The UK Statute Law Database

The Mental Health (Northern Ireland) Order 1986 (No. 595 (N.I. 4))

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Northern Ireland Orders in Council

1986 No. 595 (N.I. 4)

The Mental Health (Northern Ireland) Order 1986

26th March 1986

Contents

Go to Preamble

  1. PART I

    INTRODUCTORY

    1. 1..Title and commencement

    2. 2..Interpretation

    3. 3..Definition of “mental disorder” and related expressions

  2. PART II

    COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP

    1. Admission to hospital for assessment

      1. 4..Admission for assessment

      2. 5..Person who may make application for assessment

      3. 6..General provisions as to medical recommendation

      4. 7..Application for assessment in respect of patient already in hospital

      5. 7A..Power to detain in hospital pending admission to another hospital

      6. 8..Effect of application for assessment

      7. 9..The assessment period

      8. 10..Disregard of assessment period for certain purposes

      9. 11..Rectification of applications, recommendations and reports

    2. Detention in hospital for treatment

      1. 12..Detention for treatment

      2. 13..Renewal of authority for detention

      3. 14..Discharge of patient from detention

      4. 15..Leave of absence from hospital

      5. 16..Correspondence of detained patients

      6. 17..Review of decision to withhold postal packet

    3. Guardianship

      1. 18..Reception of patients into guardianship

      2. 19..Person who may make guardianship application

      3. 20..General provisions as to medical recommendations

      4. 21..Rectification of guardianship applications and recommendations

      5. 22..Effect of guardianship application

      6. 23..Renewal of authority for guardianship

      7. 24..Discharge of patient from guardianship

      8. 25..Transfer of guardianship on death, incapacity, etc. of guardian

      9. 26..Regulations as to guardianship

    4. Provisions relating to patients subject to detention or guardianship

      1. 27..Duty of F1authority to give information to patients and nearest relatives

      2. 28..Transfer of patients

      3. 29..Return and readmission of patients absent without leave

      4. 30..Special provisions as to patients absent without leave

      5. 31..Special provisions as to patients sentenced to imprisonment, etc

    5. Functions of nearest relative of patient

      1. 32..Definition of “nearest relative”

      2. 33..F1Children and young persons in care

      3. 34..Minors under guardianship, etc

      4. 35..Assignment of functions by nearest relative

      5. 36..Appointment by county court of acting nearest relative

      6. 37..Discharge and variation of orders under Article 36

      7. 38..Procedure on application to county court

    6. Miscellaneous

      1. 39..Special provisions as to wards of court

      2. 40..Duty of approved social worker to make application for assessment or guardianship

      3. 41..Applications, recommendations and reports under Part II

  3. PART III

    PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE

    1. Remands to hospital

      1. 42..Remand to hospital for report on accused's mental condition

      2. 43..Remand to hospital for treatment

    2. Hospital and guardianship orders

      1. 44..Powers of courts to order hospital admission or guardianship

      2. 45..Interim hospital orders

      3. 46..Effect of hospital orders, guardianship orders and interim hospital orders

    3. Restriction orders

      1. 47..Powers of court to restrict discharge from hospital

      2. 48..Powers of Secretary of State in respect of patients subject to restriction orders

    4. Procedure during trial on indictment

      1. 49..Procedure in relation to unfitness to be tried

      2. 49A..Finding that the accused did the act or made the omission charged against him

      3. 50..Procedure in relation to finding of insanity

    5. Appeals

      1. 50A..Powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc

      2. 51..Appeals

    6. Transfer to hospital of prisoners, etc

      1. 53..Removal to hospital of persons serving sentences of imprisonment, etc

      2. 54..Removal to hospital of other prisoners

      3. 55..Restriction on discharge of prisoners removed to hospital

      4. 56..Further provisions as to prisoners under sentence

      5. 57..Further provisions as to detained persons

      6. 58..Further provisions as to persons remanded by magistrates' courts

      7. 59 ..Further provisions as to civil prisoners and persons detained under the Immigration Act 1971

    7. Supplementary

      1. 60..Requirements as to written evidence

      2. 61..Interpretation of Part III

  4. PART IV

    CONSENT TO TREATMENT

    1. 62..Patients to whom the provisions of this Part apply

    2. 63..Treatment requiring consent and a second opinion

    3. 64..Treatment requiring consent or a second opinion

    4. 65..Plans of treatment

    5. 66..Withdrawal of consent

    6. 67..Review of treatment

    7. 68..Urgent treatment

    8. 69..Treatment not requiring consent

  5. PART V

    THE MENTAL HEALTH REVIEW TRIBUNAL FOR NORTHERN IRELAND

    1. Constitution

      1. 70..Constitution of the Review Tribunal

    2. Applications and references concerning Part II patients

      1. 71..Applications to the tribunal under Part II

      2. 72..References of cases of Part II patients to the tribunal

      3. 73..Duty on Boards to refer cases to the tribunal

    3. Applications and references concerning Part III patients

      1. 74..Applications and references to the tribunal concerning patients subject to hospital and guardianship orders, other than restricted patients

      2. 75..Applications to the tribunal concerning restricted patients

      3. 76..References by Secretary of State concerning restricted patients

    4. Discharge of patients

      1. 77..Power to discharge patients other than restricted patients

      2. 78..Power to discharge restricted patients subject to restriction orders

      3. 79..Powers in relation to restricted patients subject to restriction directions

      4. 80..Applications and references concerning conditionally discharged restricted patients

    5. General

      1. 81..Visiting and examination of patients

      2. 82..Applications to the tribunal

      3. 83..Procedure of tribunal

      4. 84..Interpretation of Part V

  6. PART VI

    THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND

    1. 85..Establishment of Mental Health Commission for Northern Ireland

    2. 86..Functions of the Commission

    3. 87..Exercise of functions of the Commission

    4. 88..Financial provisions

    5. 89..F1Accounts and audit

  7. PART VII

    REGISTRATION OF PRIVATE HOSPITALS

    1. 90..Registration of private hospitals

    2. 91..Application for, and grant of, certificate of registration

    3. 92..Certificates of registration

    4. 93..Control of private hospitals

    5. 94..Cancellation of registration

    6. 95..Application of this Order to private hospitals

    7. 96..Offences under Part VII

  8. PART VIII

    MANAGEMENT OF PROPERTY AND AFFAIRS OF PATIENTS

    1. 97..Jurisdiction of High Court in relation to property and affairs of patients

    2. 98..General powers of the court with respect to property and affairs of patient

    3. 99..Orders, directions, etc of the court as to patient's property and affairs

    4. 100..Supplementary provisions as to wills executed under Article 99

    5. 101..Power to appoint controller

    6. 102..Transfer of stock held in name of mentally disordered person outside Northern Ireland

    7. 103..Preservation of interests in patient's property

    8. 104..The Lord Chief Justice's Visitors

    9. 105 ..Functions of Visitors

    10. 106 ..Rules of court

    11. 107..Duty to notify Office of Care and Protection

    12. 108..Procedure for notifications under Article 107

    13. 109..Interpretation of Part VIII

  9. PART IX

    MISCELLANEOUS FUNCTIONS OF DEPARTMENT AND BOARDS

    1. 110..Provision of special accommodation by Department

    2. 111..Code of Practice

    3. 112..General duty of Boards

    4. 113..Miscellaneous powers of Boards

    5. 114..Payments to medical practitioners by Boards

    6. 115..Appointment of approved social workers by Boards

    7. 116..Powers of Boards in relation to property of patients

    8. 117..Duty of Boards to inform nearest relative of discharge of patient

    9. 118..Provision of information and affording of facilities to other bodies by Department and Boards

  10. PART X

    OFFENCES

    1. 119..Forgery, false statements, etc

    2. 120..Unlawful detention of patients

    3. 121..Ill-treatment of patients

    4. 122..Protection of women suffering from severe mental handicap

    5. 123..Protection of patients

    6. 124..Assisting patients to absent themselves without leave

    7. 125..Obstruction

    8. 126..Consent for certain prosecutions

  11. PART XI

    MISCELLANEOUS AND SUPPLEMENTARY

    1. Miscellaneous

      1. 127..Voluntary use of services

      2. 128..Pay, pensions, etc. of patients

      3. 129..Warrant to search for and remove patients

      4. 130..Mentally disordered persons found in public places

      5. 131..Provisions as to custody, conveyance and detention

      6. 132..Retaking of patients escaping from custody

      7. 133..Protection for acts done in pursuance of this Order

      8. 134..Patients removed to or from Northern Ireland

    2. Supplementary

      1. 135..Regulations and rules

      2. 136..Amendments

      3. 137..Transitional provisions

  12. SCHEDULE 1

    PERSONS BY WHOM A MEDICAL RECOMMENDATION OR MEDICAL REPORT UNDER ARTICLE 12 MAY NOT BE GIVEN

  13. SCHEDULE 2

    APPLICATION OF PART II TO PATIENTS DETAINED OR SUBJECT TO GUARDIANSHIP UNDER PART III

  14. SCHEDULE 2A

    SUPERVISION AND TREATMENT ORDERS

  15. SCHEDULE 3

    THE MENTAL HEALTH REVIEW TRIBUNAL FOR NORTHERN IRELAND

  16. SCHEDULE 4

    THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND

  18. SCHEDULE 6

    TRANSITIONAL PROVISIONS

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