The Mental Health (Northern Ireland) Order 1986

[F1 PART III N.I. REVOCATION AND AMENDMENT OF ORDERS

F1 1996 NI 24

Revocation of order in interests of health or welfare N.I.

6.   Where a supervision and treatment order is in force in respect of any person and, on the application of the supervised person or the supervising officer, it appears to the court which made the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court may revoke the order. N.I.

Amendment of order by reason of change of residence. N.I.

7.— [F2 (1) This paragraph applies where— N.I.

(a) a supervision and treatment order is in force in respect of any person;

(b) that order requires the supervised person to be under the supervision of a social worker of an authorised HSC trust; and

(c) a court of summary jurisdiction is satisfied that the supervised person proposes to change, or has changed, his residence to the area of another authorised HSC trust.]

(2) Subject to sub-paragraph (3), the court may, and on the application of the supervising officer shall, amend the supervision and treatment order by substituting the other area [F3 for the area specified in the order] .

(3) The court shall not amend under this paragraph a supervision and treatment order which contains requirements which in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area F4 ... specified in the order unless, in accordance with paragraph 8, it either—

(a) cancels those requirements; or

(b) substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that areaF4 ....

F2 Sch. 2A para. 7(1) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(4) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F3 Words in Sch. 2A para. 7(2) substituted (31.10.2016) by virtue of Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(5) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F4 Words in Sch. 2A para. 7(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(6), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Amendment of requirements of order N.I.

8.— (1) Without prejudice to the provisions of paragraph 7, but subject to sub-paragraph (2), a court of summary jurisdiction F5 ... may, on the application of the supervised person or the supervising officer, by order amend a supervision and treatment order— N.I.

(a) by cancelling any of the requirements of the order; or

(b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it.

(2) The power of a court of summary jurisdiction under sub-paragraph (1) shall not include power to amend an order by extending the period specified in it beyond the end of [F6 3 years] from the date of the original order.

F5 Words in Sch. 2A para. 8(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(7), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F6 Words in Sch. 2A para. 8(2) substituted (30.6.2011) by Supervision and Treatment Orders (Maximum Period) (Northern Ireland) Order 2011 (S.R. 2011/115), art. 2(3)

Amendment of requirements in pursuance of medical report N.I.

9.— (1) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision and treatment order— N.I.

(a) is of the opinion mentioned in sub-paragraph (2); or

(b) is for any reason unwilling to continue to treat or direct the treatment of the supervised person,

he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 8 to a court of summary jurisdiction F7 ... for the variation or cancellation of the requirement.

(2) The opinion referred to in sub-paragraph (1) is—

(a) that the treatment of the supervised person should be continued beyond the period specified in the supervision and treatment order;

(b) that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;

(c) that the supervised person has failed without reasonable excuse to comply with any of the requirements of the treatment;

(d) that the supervised person is not susceptible to treatment; or

(e) that the supervised person does not require further treatment.

F7 Words in Sch. 2A para. 9(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(8), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Supplemental N.I.

10.— (1) On the making under paragraph 6 of an order revoking a supervision and treatment order, the court shall forthwith give copies of the revoking order to the supervising officer. N.I.

(2) A supervising officer to whom in accordance with sub-paragraph (1) copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any hospital in which the supervised person was required by the order to reside.

11.— [F8 (1) On the making under paragraph 7 or 8 of an order amending a supervision and treatment order, the clerk of petty sessions shall forthwith give copies of the amending order to the supervising officer.] N.I.

(2) Where in accordance with sub-paragraph (1) copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any hospital in which the supervised person is or was required by the order to reside.]

F8 Sch. 2A para. 11(1) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(9) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)