Health and Social Care Act (Northern Ireland) 2022

Mental Health (Northern Ireland) Order 1986

67.  The Mental Health (Northern Ireland) Order 1986 is amended as follows.

68.—(1) Article 2 is amended as follows.

(2) In paragraph (2)—

(a) in the definition of “approved social worker”, omit “a Board or”;

(b) omit the definition of “Board”;

(c) in the definition of “responsible authority”, for paragraphs (a) and (b) substitute—

“(a) in relation to a patient whose admission to a hospital is being sought or who is in, or is liable to be detained in, a hospital, the authorised HSC trust in which the hospital is vested;

(b) in relation to a patient who is the subject of a guardianship application or is subject to guardianship under this Order, the authorised HSC trust in whose area the patient resides.”.

(3) In paragraph (2B), for the words from “by which functions” to the end of the paragraph substitute “that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991.”.

69.  In Article 8(3), omit “a Board or”.

70.  In Article 16(3)(f), omit “Board or”.

71.  In Article 22(1), omit “ Board,” (in both places).

72.  In Article 25, omit “ a Board or” (in both places).

73.  In Article 26(b), omit “Boards and”.

74.—(1) Article 28 is amended as follows.

(2) In paragraphs (1) and (5), for “A Board or” substitute “An”.

(3) In paragraph (4)(b), omit “the Board or”.

75.  In Article 33—

(a) for “a Board or” substitute “an”;

(b) omit “Board or” (in the second place).

76.—(1) Article 40 is amended as follows.

(2) In paragraphs (1) and (3), omit “Board or”.

(3) In paragraph (4), for “a Board or” substitute “an”.

(4) Omit paragraph (6).

77.—(1) Article 42 is amended as follows.

(2) In paragraph (1), for “the Department” substitute “such authorised HSC trust as it may specify”.

(3) In paragraph (4), for “the Department” substitute “the trust which it proposes to specify”.

(4) In paragraph (9)(a) and (c), for “the Department” substitute “the trust”.

(5) In paragraph (9)(d), omit “the Board or”.

78.—(1) Article 43 is amended as follows.

(2) In paragraph (1), for “the Department” substitute “such authorised HSC trust as it may specify”.

(3) In paragraph (3), for “the Department” substitute “the trust which it proposes to specify”.

79.—(1) Article 44 is amended as follows.

(2) In paragraph (1)—

(a) for “the Department” substitute “such authorised HSC trust as it may specify”;

(b) omit “a Board or” (in both places).

(3) In paragraph (5), for “the Department” substitute “the trust which it proposes to specify”.

80.—(1) Article 45 is amended as follows.

(2) In paragraph (1), for “the Department” substitute “such authorised HSC trust as it may specify”.

(3) In paragraph (3), for “the Department” substitute “the trust which it proposes to specify”.

81.—(1) Article 46 is amended as follows.

(2) In paragraph (1)—

(a) for “the Department” substitute “the trust specified by the court”;

(b) omit “the Board or”.

(3) In paragraph (2)—

(a) for “the Department” substitute “the trust”;

(b) omit “the Board or”.

(4) In paragraph (3)—

(a) for “the Department” (in both places) substitute “the trust”;

(b) omit “the Board or”.

(5) In paragraph (5), omit “Board,”.

82.  In Article 48(3)(a), for “the Department” substitute “the HSC trust”.

83.  In Article 50A(4), for “the Department” substitute “the authorised HSC trust in which the hospital is vested”.

84.  In Article 61(2), omit “Board or”.

85.  In the heading to Article 73, for “Boards” substitute “responsible authorities”.

86.—(1) Article 86(2) is amended as follows.

(2) In sub-paragraph (c)—

(a) omit “a Board,”;

(b) omit “the Board,”.

(3) In sub-paragraph (d)—

(a) omit “a Board,”;

(b) omit “the Board,”.

(4) In sub-paragraph (e), omit “a Board,”.

87.—(1) Article 107 is amended as follows.

(2) In paragraph (1)—

(a) for “a Board or” substitute “an”;

(b) omit “Board or” (in the second place).

(3) Omit paragraph (1A).

88.  In the heading to Part 9, for “AND BOARDS” substitute “, THE REGIONAL AGENCY AND HSC TRUSTS”.

89.  In Article 111(1)(a), omit “Boards,”.

90.—(1) Article 112 is amended as follows.

(2) In paragraph (1), for “The Regional Health and Social Care Board” substitute “HSC trusts”.

(3) Omit paragraph (2).

(4) In the heading, for “Boards” substitute “the Regional Agency and HSC trusts”.

91.—(1) Article 113 is amended as follows.

(2) In paragraph (1)—

(a) for “a Board” substitute “an HSC trust”;

(b) in sub-paragraph (a), for “the Board” (in both places) substitute “the trust”.

(3) Omit paragraph (2).

(4) In the heading, for “Boards” substitute “HSC trusts”.

92.—(1) Article 114 is amended as follows.

(2) In paragraph (1), for “a Board” substitute “an HSC trust”.

(3) Omit paragraph (2).

(4) In the heading, for “Boards” substitute “HSC trusts”.

93.—(1) Article 115 is amended as follows.

(2) In paragraph (1), for “A Board” substitute “An authorised HSC trust”.

(3) In paragraph (2)—

(a) for “a Board” substitute “a trust”;

(b) for “the Board” substitute “the trust”.

(4) In paragraph (3), for “a Board” substitute “a trust”.

(5) Omit paragraph (4).

(6) In the heading, for “Boards” substitute “authorised HSC trusts”.

94.—(1) Article 116 is amended as follows.

(2) In paragraph (1)—

(a) for “a Board” substitute “an HSC trust”;

(b) for “the Board” substitute “the trust”.

(3) In paragraph (2), for “a Board” substitute “a trust”.

(4) In paragraph (3)—

(a) for “a Board” substitute “a trust”;

(b) for “the Board” substitute “the trust”.

(5) In paragraph (4), for “A Board” substitute “A trust”.

(6) Omit paragraph (6).

(7) In the heading, for “Boards” substitute “HSC trusts”.

95.  In the heading to Article 117, for “Boards” substitute “responsible authorities”.

96.—(1) Article 118 is amended as follows.

(2) In paragraph (1), for “a Board” substitute “an HSC trust”.

(3) In paragraph (2), for “A Board” substitute “A trust”.

(4) In paragraph (4)—

(a) for “Each Board” substitute “Each HSC trust”;

(b) in sub-paragraph (a), for “the Board” substitute “the trust”.

(5) Omit paragraph (5).

(6) In the heading, for “Boards” substitute “HSC trusts”.

97.  In Article 121(1), omit “a member of the Board or”.

98.—(1) Article 129 is amended as follows.

(2) In paragraphs (1) and (2), omit “of a Board or”.

(3) In paragraph (7), omit “Board or”.

99.  In Article 133(4), omit “, a Board”.

100.—(1) In Part 1 of Schedule 2, paragraph 9(a) is amended as follows.

(2) For “the Department” substitute “the trust”.

101.—(1) Paragraph 3 of Schedule 2A is amended as follows.

(2) In sub-paragraph (1)(a)—

(a) omit “the Board or”;

(b) omit “Board or” (in the second place).

(3) In sub-paragraph (3)(c), omit “Board or”.