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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

5.—(1) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a medical practitioner appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986, that the mental condition of the supervised child—

(a)is such as requires, and may be susceptible to, treatment; but

(b)is not such as to warrant his detention in pursuance of a hospital order under Part III of that Order,

the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

(2) The treatment specified in accordance with sub-paragraph (1) must be—

(a)by, or under the direction of, such medical practitioner as may be specified in the order;

(b)as a non-resident patient at such a place as may be so specified; or

(c)as a resident patient in a hospital.

(3) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

(4) The treatment specified in accordance with sub-paragraph (3) must be—

(a)by, or under the direction of, such medical practitioner as may be specified in the order;

(b)as a non-resident patient at such place as may be so specified; or

(c)as a resident patient in a hospital.

(5) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied—

(a)where the child has sufficient understanding to make an informed decision, that he consents to its inclusion; and

(b)that satisfactory arrangements have been, or can be, made for the treatment.

(6) If a medical practitioner by whom or under whose direction a supervised child is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that—

(a)the treatment should be continued beyond the period specified in the order;

(b)the supervised child needs different treatment;

(c)he is not susceptible to treatment; or

(d)he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor.

(7) On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement.

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