38.—(1) Where a person—
(a)is admitted as a patient to any hospital or is admitted to other accommodation provided under this Order [F1or the 2009 Act]; or
(b)is removed to any other place under an order made under Schedule 6;
and it appears to [F2the appropriate HSC trust] that there is danger of loss of, or damage to, any property of his by reason of his temporary or permanent inability to protect or deal with the property, and that other suitable arrangements have not been, or are not being made to prevent or mitigate the loss or damage, [F3the trust] shall take reasonable steps for that purpose.
[F4(1A) The “appropriate HSC trust” is the HSC trust in whose operational area the person resides.]
(2) Paragraph (1) shall have effect in relation to persons suffering from mental disorder as if—
(a)the reference to “hospital” included a reference to a private hospital within the meaning of the Mental Health[F5 Order]; and
(b)after sub-paragraph ( b) there were inserted the following words—
“or
(c)is subject to guardianship under the Mental Health[F5 Order];” .
(3) For the purpose of discharging the duty of [F6an HSC trust] under paragraph (1), a person authorised in writing by [F7the trust] may, at all reasonable times, enter any premises which, immediately before the person mentioned in that paragraph was admitted or removed as aforesaid, were his place of residence or usual place of residence and may deal with any property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.
(4) [F8An HSC trust] may recover from a person admitted or removed as aforesaid, or from any person who, for the purposes of this Order, is liable to maintain him, any reasonable expenses incurred by it in relation to him under the foregoing provisions of this Article.
F1Words in art. 38(1)(a) inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(16); S.R. 2009/114, art. 2
F2Words in art. 38(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 15(2)(a); S.R. 2022/102, art. 2(b)
F3Words in art. 38(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 15(2)(b); S.R. 2022/102, art. 2(b)
F4Art. 38(1A) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 15(3); S.R. 2022/102, art. 2(b)
F6Words in art. 38(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 15(4)(a); S.R. 2022/102, art. 2(b)
F7Words in art. 38(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 15(4)(b); S.R. 2022/102, art. 2(b)
F8Words in art. 38(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 15(5); S.R. 2022/102, art. 2(b)