Coronavirus Act 2020

The assessment period

6 (1) Article 9(1) (period within which patient admitted to hospital in pursuance of an application for assessment must be examined by a medical practitioner) has effect as if for “immediately after” there were substituted “as soon as practicable and not later than 12 hours after”.

(2) Article 9(4) (period for which patient may be detained in hospital for assessment following report on examination under Article 9(1)) has effect —

(a) as if for sub-paragraph (b) there were substituted—

“(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;”, and

(b) as if after paragraph (4) there were inserted—

“(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.”

(3) Article 9(5) (period within which patient must be examined by responsible medical officer where examination under Article 9(1) was not by that officer) has effect as if for “sub-paragraph (b) of paragraph (4)” there were substituted “sub-paragraph (aa) or (b) of paragraph (4)”.

(4) Article 9(8) (further period for which patient may be detained for assessment where responsible medical officer furnishes report under Article 9(8)) has effect as if for “7 days” there were substituted “21 days”.