Search Legislation

The Mental Health (Northern Ireland) Order 1986

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Mental Health (Northern Ireland) Order 1986. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Commencement Orders yet to be applied to the The Mental Health (Northern Ireland) Order 1986

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Articles 46(6), 47(2) and (4) and 61(6).

SCHEDULE 2N.I.APPLICATION OF PART II TO PATIENTS DETAINED OR SUBJECT TO GUARDIANSHIP UNDER PART III

PART IN.I.PATIENTS NOT SUBJECT TO SPECIAL RESTRICTIONS

1.  Articles 15, 16, 17, 25, 26, 27, 30, 31, 32, 33, 34, 35 and 38 shall apply in relation to the patient without modification.N.I.

2.  Articles 12, 13, 14, 22, 23, 24, 28, 29, 36 and 37 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 12.N.I.

3.  In Article 12—N.I.

(a)for paragraph (1) there shall be substituted—

(1) Subject to the provisions of this Order, a patient admitted to hospital in pursuance of an order or direction under Part III may be detained in the hospital for treatment for a period not exceeding 6 months beginning with the date of the relevant order or direction under Part III, but shall not be so detained for any longer period unless the authority for his detention is renewed under Article 13. ;

(b)paragraphs (2) and (3) shall be omitted;

(c)in paragraph (4) for the words from “report furnished” to the end there shall be substituted the words “ order or direction under Part III in pursuance of which a patient is admitted to hospital ”;

(d)in paragraph (5) the words “a report under” where they first occur shall be omitted.

4.  In Article 13—N.I.

(a)in paragraphs (2), (3) and (5) references to Article 12(1)(a), (b), (c) and (d) shall have effect as if paragraph 3(a) of this Part were omitted;

(b)in paragraph (4)(c) for the words from “who has not” to the end there shall be substituted the words “ whose evidence has not been taken into account by a court before making an order under Part III in respect of the patient or, as the case may be, whose report has not been taken into account by the Secretary of State before giving a direction in respect of the patient under that Part ”.

5.  In Article 14 there shall be omitted—N.I.

(a)in paragraph (1), the reference to the nearest relative;

(b)paragraphs (4) to (7).

6.  In Article 22—N.I.

(a)paragraphs (1), (2) and (4) shall be omitted;

(b)in paragraph (3) for the words “received into guardianship in pursuance of a guardianship application” there shall be substituted the words “ placed under guardianship by a guardianship order ” and for the words “day on which the guardianship application was accepted” there shall be substituted the words “ date of the relevant guardianship order under Part III ”;

(c)in paragraph (5) for the words “received into guardianship in pursuance of a guardianship application” there shall be substituted the words “ placed under guardianship by a guardianship order ” and for the words from “the guardianship application” to the end there shall be substituted the words “ the relevant guardianship order under Part III ”.

7.  In Article 23—N.I.

(a)in paragraph (2)(a) and (b) for the words “continues to apply” there shall be substituted the word “ applies ”;

(b)in paragraph (2)(b) for the words “continue so to apply” there shall be substituted the words “ so apply ”;

(c)in paragraph (5) for the words “the guardianship application, that application” there shall be substituted the words “ the relevant guardianship order under Part III, that order ”.

8.  In Article 24 there shall be omitted—N.I.

(a)in paragraph (1), the reference to the nearest relative;

(b)paragraphs (4) to (7).

9.  In Article 28—N.I.

(a)in paragraph (2) for the words from “as if” to the end there shall be substituted the words “ as if the Department had designated under Article 46(2)(a) the hospital to which he is transferred ”;

(b)paragraphs (3) and (4) shall be omitted;

(c)in paragraph (6) for the words from “guardianship application” to the end there shall be substituted the words “ guardianship order under Part III by virtue of which he was subject to guardianship before being transferred were an order placing him under the guardianship of the person into whose guardianship he is transferred ”;

(d)in paragraph (7) for the words from “application for assessment” to the end there shall be substituted the words “ order or direction under Part III by virtue of which he was liable to be detained in hospital before being transferred were an order placing him under the guardianship of the person into whose guardianship he is transferred ”.

10.  In Article 29 paragraph (4) shall be omitted.N.I.

11.  In Article 36(3) sub-paragraphs (c) and (d) shall be omitted.N.I.

12.  In Article 37(4) for sub-paragraphs (a) and (b) there shall be substituted the words “ when the patient ceases to be liable to be detained or subject to guardianship under this Order (otherwise than on being transferred by virtue of Article 28) ”.N.I.

PART IIN.I.PATIENTS SUBJECT TO SPECIAL RESTRICTIONS

1.  Articles 16, 17, 27, 32, 33, 35 and 38 shall apply in relation to the patient without modification.N.I.

2.  Articles 12(4), 15, 28, 29, 34, 36 and 37 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 9.N.I.

3.  In Article 12(4) for the words from “report furnished” to the end there shall be substituted the words “ order or direction under Part III in pursuance of which a patient is admitted to hospital ”.N.I.

4.  In Article 15—N.I.

(a)in paragraph (1) after the word “may” there shall be inserted the words “ with the consent of the Secretary of State ”;

(b)in paragraph (5) after the words “the responsible medical officer” and “that officer” there shall be inserted the words “ or the Secretary of State ”;

(c)in paragraph (6) after the word “recalled” there shall be inserted the words “ by the responsible medical officer ” and for the words from “he has ceased” to the end there shall be substituted the words “ the expiration of the period of 6 months beginning with the first day of his absence on leave ”.

5.  In Article 28—N.I.

(a)in paragraph (1) after the word “may” there shall be inserted the words “ with the consent of the Secretary of State ”;

(b)in paragraph (2) for the words from “as if” to the end there shall be substituted the words “ as if the Department had designated under Article 46(2)(a) the hospital to which he is transferred ”;

(c)paragraphs (3) to (7) shall be omitted.

6.  In Article 29 paragraphs (2) and (3) and (4) and the words “subject to paragraphs (3) and (4)” in paragraph (1) shall be omitted.N.I.

7.  In Article 34 paragraph (3) shall be omitted.N.I.

8.  In Article 36(3) sub-paragraphs (c) and (d) shall be omitted.N.I.

9.  In Article 37(4) for sub-paragraphs (a) and (b) there shall be substituted the words “ when the patient ceases to be liable to be detained under this Order ”.N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources