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PART IN.I.INTRODUCTORY

InterpretationN.I.

2.—(1) The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

[F1(2A) In Articles 7A,[F9 29,] 107(1B), 113, 116, 121, 123(1) and 129(7) “hospital” includes any hospital or institution vested in an [F2HSC trust] other than an authorised [F2HSC trust].

(2B) A reference in any provision of this Order to an “authorised [F2HSC trust]” is a reference to an [F2 HSC trust] by which functions under that provision are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.

(2C) A reference in this Order to the area of an authorised [F2HSC trust] is a reference to the operational area of that trust as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972.]

(3) In relation to a person who is liable to be detained or subject to guardianship by virtue of an order or direction under Part III, any reference in this Order to any provision contained in Part II or in Article 71, 72 or 73 shall be construed as a reference to that provision as it applies to that person by virtue of Part III or Article 74(1).

(4) In determining for the purposes of this Order whether the failure to detain a patient or the discharge of a patient would create a substantial likelihood of serious physical harm—

(a)to himself, regard shall be had only to evidence—

(i)that the patient has inflicted, or threatened or attempted to inflict, serious physical harm on himself; or

(ii)that the patient's judgment is so affected that he is, or would soon be, unable to protect himself against serious physical harm and that reasonable provision for his protection is not available in the community;

(b)to other persons, regard shall be had only to evidence—

(i)that the patient has behaved violently towards other persons; or

(ii)that the patient has so behaved himself that other persons were placed in reasonable fear of serious physical harm to themselves.