Article 23 Renewal of authority for guardianship
Northern Ireland
Authority for the guardianship of a patient may, unless the patient has previously been discharged, be renewed under this Article—
from the expiration of the period referred to in Article 22(3), for a further period of 6 months;
from the expiration of any period of renewal under sub-paragraph (a), for a further period of one year,
and so on for periods of one year at a time.
Within the period of 2 months ending with the day on which a patient who is subject to guardianship under this Part would cease under Article 22(3) or this Article to be so liable in default of the renewal of the authority for his guardianship—
the responsible medical officer shall examine the patient or obtain from another medical practitioner a report on the condition of the patient; and, if it appears to him that the ground set out in Article 18(2)(a) continues to apply in relation to the patient, he shall furnish to such approved social worker as the responsibleF1 authority may direct a report to that effect in the prescribed form along with the report first mentioned if such a report has been obtained; and
that approved social worker shall consider whether the ground set out in Article 18(2)(b) continues to apply in relation to the patient; and if it appears to him that it does continue so to apply, he shall furnish to the responsible authority a report to that effect in the prescribed form along with the report or reports furnished to him under sub-paragraph (a).
Where a report is duly furnished to the responsible authority under paragraph (2)(b), the authority for the guardianship of the patient shall be thereby renewed for the period prescribed in that case by paragraph (1).
Where a report under paragraph (2)(b) is furnished to the responsible authority, it shall, unless it discharges the patient—
cause him, his nearest relative and his guardian to be informed;
forward to F2RQIA a copy of the report and of the report or reports referred to in paragraph (2)(a).
Where the form of mental disorder specified in a report furnished under paragraph (2)(a) is a form of disorder other than that specified in the guardianship application, that application shall have effect as if that other form of mental disorder were specified in it.
Annotations
Textual amendments
- F1
- F2
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)