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Article 17 Review of decision to withhold postal packetC3C1C2

Northern Ireland

(1)

F1RQIA shall review any decision to withhold a postal packet or anything contained in it under paragraph (1)(b) or (2) of Article 16 if an application in that behalf is made—

(a)

in a case under the said paragraph (1)(b), by the patient; or

(b)

in a case under the said paragraph (2), either by the patient or by the person by whom the postal packet was sent;

and any such application shall be made within 6 months of the receipt by the applicant of the notice referred to in paragraph (6) of that Article.

(2)

On an application under paragraph (1) RQIA may direct that the postal packet or anything contained in it which is the subject of the application shall not be withheld and the responsibleF2 authority shall comply with any such direction.

(3)

The Department may by regulations make provision with respect to the making and determination of applications under paragraph (1), including provision for the production to RQIA of any postal packet which is the subject of such an application.

Annotations

Textual amendments

F1

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

F2

1994 NI 2

Modifications

C1

Art. 17 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(n), 4

C2

Art. 17 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(n), 4

C3

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)

Notes on Part II

Modifications

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)