Health and Social Care (Reform) Act (Northern Ireland) 2009

The Mental Health (Northern Ireland) Order 1986 (NI 4)

8.—(1) Subject to sub-paragraphs (2) to (4), in the Order for “the Commission” (meaning the Mental Health Commission) substitute “RQIA”.

(2) In Article 2(2) (interpretation)—

(a) omit the definition of “the Commission”;

(b) in the definition of “responsible authority” for sub-paragraph (ii) of paragraph (a) and sub-paragraph (ii) of paragraph (b) substitute—

“(ii) in any other case, the Regional Health and Social Care Board;”;

(c) at the appropriate place in alphabetical order insert—

“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;”.

(3) In Article 16(3)(d) (correspondence of detained patients) omit “, any Commissioner thereof”.

(4) For Article 85 (establishment of Mental Health Commission for Northern Ireland) substitute—

“Duties of RQIA in relation to mental health

85.   RQIA shall exercise—

(a) such functions under this Order as are transferred to it by section 25 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, and

(b) such other functions relating to or connected with mental health as the Department may by order prescribe.”.

(5) Omit Articles 88 and 89 and Schedule 4.

(6) In Article 112 for “A Board” substitute “The Regional Health and Social Care Board and the Regional Agency for Public Health and Social Well-being”.