{
  "url": "https://openlegislation.uk/mental-health-northern-ireland-order-1986/article-39",
  "json_url": "https://openlegislation.uk/mental-health-northern-ireland-order-1986/article-39.json",
  "legislation": "nisi/1986/595",
  "legislation_title": "The Mental Health (Northern Ireland) Order 1986",
  "legislation_url": "https://openlegislation.uk/mental-health-northern-ireland-order-1986",
  "path": "article/39",
  "kind": "article",
  "number": "39",
  "heading": "Special provisions as to wards of court",
  "text": "(1) An application for assessment in respect of a minor who is a ward of court may be made under this Part with the leave of the court; and Article 5(3) to (5) shall not apply in relation to an application so made.\n(2) Where a minor being a ward of court is liable to be detained in hospital under this Part, any power exercisable under this Order in relation to the patient by his nearest relative shall be exercisable by or with the leave of the court.\n(3) Nothing in this Part shall be construed as authorising the making of a guardianship application in respect of a minor who is a ward of court, or the transfer into guardianship of any such minor.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 39 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(ii), 4"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Art. 39 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(z), 4"
    }
  ],
  "outstanding_effects": [
    {
      "type": "repealed",
      "affecting": "nia/2016/18",
      "affecting_title": "Mental Capacity Act (Northern Ireland) 2016"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1986/595/article/39",
    "retrieved_at": "2026-10-29T04:48:38.738443+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}