The Mental Health (Northern Ireland) Order 1986 No. 595 (NI. 4)

PART II N.I. COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP

Modifications etc. (not altering text)

C1 Pt. 2 modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 3(2)(a) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

C2 Pt. II expiry of earlier affecting provision 2020 c. 7, Sch. 10 paras. 3-13 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Admission to hospital for assessment N.I.

The assessment period N.I.

9.—(1) A patient admitted to hospital pursuant to an application for assessment made in accordance with this Part shall be examined [F1 immediately after] [F1 as soon as practicable and not later than 12 hours after] he is admitted thereto by—

(a) the responsible medical officer;

(b) a medical practitioner appointed for the purposes of this Part by [F2 RQIA ]; or

(c) any other medical practitioner on the staff of the hospital.

(2) The examination required by paragraph (1) shall not be carried out by the medical practitioner who gave the medical recommendation on which the application for assessment is founded.

(3) A medical practitioner carrying out an examination under paragraph (1) shall immediately furnish to the responsible [F3 authority] in the prescribed form a report of that examination and the date on which such a report is furnished to the [F3 authority] is referred to in this Part as “the date of admission”.

(4) A patient admitted to hospital pursuant to an application for assessment may be detained in hospital for the purpose of enabling an examination to be made and a report to be furnished under the preceding provisions of this Article and where a report so furnished by a medical practitioner states that in his opinion the patient should be detained in hospital for assessment, the patient may be detained in hospital—

(a) where the report was furnished by the responsible medical officer or by a medical practitioner appointed for the purposes of this Part by [F2 RQIA], for a period not exceeding 7 days beginning with the date of admission;

[F4 (b) where the report was furnished by any other medical practitioner, for a period not exceeding 48 hours from the time when the report was furnished;]

[F4 (aa) where the report was furnished by any other medical practitioner, and the conditions in paragraph (4A) were satisfied, for a period not exceeding 120 hours from the time when the report was furnished;

(b) where the report was furnished by any other medical practitioner, and any of the conditions in paragraph (4A) was not satisfied, for a period not exceeding 48 hours from when the report was furnished;

but shall not be so detained for any longer period unless he has become liable to be detained by virtue of paragraph (7) or (8).

[F5 (4A) The conditions are that the medical practitioner—

(a) had (at the date on which the examination of the patient in accordance with paragraph (1) was carried out) at least 5 years' experience of working with mental health patients within the 10 years immediately preceding that date;

(b) considered that it was impractical for the responsible medical practitioner or a medical practitioner appointed for the purposes of this Part by RQIA to carry out the examination under paragraph (1) before the end of the period of 48 hours from the date on which the report was furnished; and

(c) furnished together with the report a written statement specifying that the practitioner—

(i) had the experience referred to in sub-paragraph (a); and

(ii) was of the opinion referred to in sub-paragraph (b).

(4B) The 5 years' experience referred to in sub-paragraph (4A)(a) need not be a single period, or continuous periods, of such experience.]

(5) A patient detained by virtue of [F6 sub-paragraph (b) of paragraph (4)] [F6 sub-paragraph (aa) or (b) of paragraph (4)] shall be examined before the expiration of the period referred to in that sub-paragraph by the responsible medical officer.

(6) The responsible medical officer shall immediately furnish to the responsible [F3 authority] in the prescribed form a report of the examination carried out under paragraph (5).

(7) Where a report so furnished by the responsible medical officer states that in his opinion the patient should be detained in hospital for assessment for a further period, the patient may be detained in hospital for a period not exceeding 7 days beginning with the date of admission but shall not be so detained for any longer period unless he has become liable to be detained by virtue of paragraph (8).

(8) Where during the period for which a patient is detained by virtue of paragraph (4)(a) or (7) he is examined by the responsible medical officer and the responsible medical officer furnishes to the responsible [F3 authority] in the prescribed form a report of the examination stating that in his opinion the patient should be detained in hospital for assessment for a further period, the patient may be detained in hospital for a further period not exceeding [F7 7 days] [F7 21 days] beginning immediately on the expiration of the period for which he is detained by virtue of paragraph (4)(a) or (7) but shall not be detained for any longer period unless he has become liable to be detained for treatment by virtue of Article 12.

(9) If it is not practicable for an examination under paragraph (5) or (8) to be carried out by the responsible medical officer, it may instead be carried out by a medical practitioner appointed for the purposes of this Part by [F2 RQIA] and in such a case references in paragraphs (5) to (8) to the responsible medical officer shall be construed as including references to a medical practitioner so appointed.

(10) The responsible[F3 authority] shall immediately forward to [F2 RQIA] a copy of any report furnished to the [F3 authority] under paragraph (3), (6) or (8).]

F1 Words in art. 9(1) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 6(1) (with ss. 88-90, Sch. 10 paras. 2, 16); S.R. 2020/58, art. 2(c)

F2 Words 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. 2

F3 1994 NI 2

F4 Art. 9(4)(aa)(b) substituted for art. 9(4)(b) (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 6(2)(a) (with ss. 88-90, Sch. 10 paras. 2, 16); S.R. 2020/58, art. 2(c)

F5 Art. 9(4A)(4B) inserted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 6(2)(b) (with ss. 88-90, Sch. 10 paras. 2, 16); S.R. 2020/58, art. 2(c)

F6 Words in art. 9(5) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 6(3) (with ss. 88-90, Sch. 10 paras. 2, 16); S.R. 2020/58, art. 2(c)

F7 Words in art. 9(8) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 6(4) (with ss. 88-90, Sch. 10 paras. 2, 16); S.R. 2020/58, art. 2(c)

Modifications etc. (not altering text)

C3 Art. 9 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(f), 4

C4 Art. 9 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(f), 4

C5 Art. 9 expiry of earlier affecting provision 2020 c. 7, Sch. 10 paras. 3-13 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)