Duty to notify Office of Care and ProtectionN.I.
107.—(1) Where [F1an] [F2 authorised [F3HSC trust]] is satisfied—
(a)that any person within its area is incapable, by reason of mental disorder, of managing and administering his property and affairs;
(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
(c)that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of the F4...[F2 authorised [F3HSC trust]] to notify the Office of Care and Protection of those matters.
F5[F2(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) Where an [F3HSC trust] other than an authorised [F3HSC trust] is satisfied—
(a)that any person in a hospital managed by the trust is incapable, by reason of mental disorder, of managing and administering his property and affairs;
(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
(c)that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of the trust to notify the Office of Care and Protection of those matters.]
(2) Where any person carrying on a nursing home, a[F6 residential care home] or a private hospital is satisfied—
(a)that any person within his care is incapable, by reason of mental disorder, of managing and administering his property and affairs;
(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
(c)that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of that person to notify the Office of Care and Protection of those matters.
(3) Where [F7RQIA] is satisfied—
(a)that any person is incapable, by reason of mental disorder, of managing and administering his property and affairs;
(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
(c)that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of [F7RQIA] to notify the Office of Care and Protection of those matters.
F1Word in art. 107(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 87(2)(a); S.R. 2022/102, art. 2(b)
F3Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F4Words in art. 107(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 87(2)(b); S.R. 2022/102, art. 2(b)
F5Art. 107(1A) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 87(3); S.R. 2022/102, art. 2(b)
F7Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2