Article 20 General provisions as to medical recommendations

Northern Ireland

(1)

The medical recommendations required for the purposes of a guardianship application shall be in the prescribed form and shall satisfy the following requirements, namely—

(a)

each recommendation shall be given and signed by a medical practitioner who has personally examined the patient not more than two days before the date on which he signs the recommendation;

(b)

where the medical practitioners have examined the patient separately, not more than 7 days must have elapsed between the days on which the separate examinations took place;

(c)

one recommendation shall be given by a medical practitioner appointed by F1RQIA for the purposes of this Part, and the other shall, if practicable, be given by the patient's medical practitioner or by a medical practitioner who has previous acquaintance with the patient;

(d)

neither recommendation shall be given by—

(i)

the person named as guardian in the guardianship application; or

(ii)

any of the persons described in Schedule 1.

(2)

A guardianship application shall be sufficient if the medical recommendations on which it is founded are given either as separate recommendations, each signed by a medical practitioner, or as a joint recommendation signed by two medical practitioners.

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

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)
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)