SCHEDULES

SCHEDULE 5Functions under legislation relating to Northern Ireland

Part 1Amendments

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

73

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

74

1

Article 83 (procedure of tribunal) is amended as follows.

2

In paragraph (1) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

3

After paragraph (1) insert—

1A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

75

1

Schedule 3 (Mental Health Review Tribunal for Northern Ireland) is amended as follows.

2

In paragraph 1—

a

in sub-paragraph (a) after “suitable” insert “ after consultation with the Lord Chief Justice ”;

b

In sub-paragraph (b) and (c) omit “after consultation with the Head of the Department”.

3

After paragraph 1 insert—

1A

1

The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph 1(a)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

2

As part of the selection process for an appointment under paragraph 1(b) or (c) the Northern Ireland Judicial Appointments Commission shall consult the Head of the Department.

76

In Schedule 6 to the Mental Health (Northern Ireland) Order 1986 (transitional provisions), omit paragraph 19.