Article 107 Duty to notify Office of Care and Protection
Northern Ireland
Where F1an F2 authorised F3HSC trust is satisfied—
that any person within its area is incapable, by reason of mental disorder, of managing and administering his property and affairs;
that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of the F4... authorised HSC trust to notify the Office of Care and Protection of those matters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an HSC trust other than an authorised HSC trust is satisfied—
that any person in a hospital managed by the trust is incapable, by reason of mental disorder, of managing and administering his property and affairs;
that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of the trust to notify the Office of Care and Protection of those matters.
Where any person carrying on a nursing home, aF6 residential care home or a private hospital is satisfied—
that any person within his care is incapable, by reason of mental disorder, of managing and administering his property and affairs;
that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of that person to notify the Office of Care and Protection of those matters.
Where F7RQIA is satisfied—
that any person is incapable, by reason of mental disorder, of managing and administering his property and affairs;
that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and
that arrangements in that behalf have neither been made nor are being made,
it shall be the duty of RQIA to notify the Office of Care and Protection of those matters.
Annotations
Textual amendments
- F1
Word in art. 107(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 87(2)(a); S.R. 2022/102, art. 2(b)
- F2
- F3
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. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
- F4
Words in art. 107(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 87(2)(b); S.R. 2022/102, art. 2(b)
- F5
Art. 107(1A) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 87(3); S.R. 2022/102, art. 2(b)
- F6
- F7
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