http://www.legislation.gov.uk/nisi/1986/595/article/86The Mental Health (Northern Ireland) Order 1986texttext/xmlenStatute Law Database2024-05-23Expert Participation2024-04-17 PART VITHE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND<Emphasis>Functions of <Substitution ChangeId="d29p6980" CommentaryRef="c21357381">RQIA</Substitution></Emphasis>861It shall be the duty of RQIA to keep under review the care and treatment of patients, including (without prejudice to the generality of the foregoing) the exercise of the powers and the discharge of the duties conferred or imposed by this Order.2In the exercise of its functions under paragraph (1) it shall be the duty of RQIA—ato make inquiry into any case where it appears to RQIA that there may be ill-treatment, deficiency in care or treatment, or improper detention in hospital or reception into guardianship of any patient, or where the property of any patient may, by reason of his mental disorder, be exposed to loss or damage;bas often as RQIA thinks appropriate to visit and interview in private patients who are liable to be detained in hospital under this Order;cto bring to the attention of the Department, the Secretary of State, ... an HSC trust or the person carrying on a private hospital, residential care home, voluntary home or nursing home the facts of any case in which in the opinion of RQIA it is desirable for the Department, the Secretary of State, ... the HSC trust or that person to exercise any of their functions to secure the welfare of any patient by—ipreventing his ill-treatment;iiremedying any deficiency in his care or treatment;iiiterminating his improper detention in hospital or reception into guardianship; orivpreventing or redressing loss or damage to his property;dto advise the Department, the Secretary of State, ... an HSC trust or any body established under a statutory provision on any matter arising out of this Order which has been referred to RQIA by the Department, the Secretary of State, ... the HSC trust or the body, as the case may be;eto bring to the attention of the Department, the Secretary of State, ... an HSC trust or any other body or person any matter concerning the welfare of patients which RQIA considers ought to be brought to their attention.3In the exercise of its functions under paragraph (1)RQIA may—awhere it thinks fit, refer to the Review Tribunal the case of any patient who is liable to be detained in hospital or subject to guardianship under this Order;bat any reasonable time visit, interview and medically examine in private any patient in a hospital, private hospital, residential care home, voluntary home or nursing home or any person subject to guardianship under this Order;crequire the production of and inspect any records relating to the detention or treatment of any person who is or has been a patient in a hospital, private hospital, residential care home, voluntary home or nursing home or relating to any person who is or has been subject to guardianship under this Order.4Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 shall have effect in relation to any inquiry under paragraph (2)(a) as it has effect in relation to any inquiry under Article 54 of that Order, but with the omission of paragraphs 1, 2 and 6 of that Schedule and the substitution for references to the person appointed to hold the inquiry of references to RQIA .5It shall be the duty of any person carrying on a residential care home, a voluntary home or a nursing home and of the guardian of any person subject to guardianship under this Order to afford RQIA all facilities necessary to enable it to carry out its functions in respect of any patient.6Where in the exercise of its functions under this Article RQIA has advised any body or person on any matter or brought any case or matter to the attention of any body or person, RQIA may by notice in writing addressed to that body or person require that body or person, within such reasonable period as RQIA may specify in the notice, to provide to RQIA such information concerning the steps taken or to be taken by that body or person in relation to that case or matter as RQIA may so specify; and it shall be the duty of every body or person on whom a notice is served under this paragraph to comply with the requirements of that notice.7Paragraph (6) does not apply to the Review Tribunal.8In this Article “voluntary home” has the meaning assigned to it by Article 74 of the Children (Northern Ireland) Order 1995.1972 NI 14Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 21994 NI 2Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 21992 NI 201995 NI 2Art. 86 applied (with modifications) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(6)(a)(i)(ii), 4Art. 86 applied (with modifications.) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(6), 4Words in art. 86(2)(c) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 86(2)(a); S.R. 2022/102, art. 2(b)Words in art. 86(2)(c) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 86(2)(b); S.R. 2022/102, art. 2(b)Words in art. 86(2)(d) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 86(3)(a); S.R. 2022/102, art. 2(b)Words in art. 86(2)(d) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 86(3)(b); S.R. 2022/102, art. 2(b)Words in art. 86(2)(e) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 86(4); S.R. 2022/102, art. 2(b)