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Article 40 Duty of approved social worker to make application for assessment or guardianshipC1C2

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

It shall be the duty of an approved social worker to make an application for assessment or a guardianship application in respect of a patient within the area of the F1F2... authorised F3HSC trust by which that officer is appointed in any case where—

(a)

he is satisfied that such an application ought to be made; and

(b)

he is of opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him.

(2)

Before making an application under paragraph (1) in respect of a patient, an approved social worker shall interview the patient in a suitable manner and satisfy himself that detention in a hospital or guardianship (as the case may be) is in all the circumstances of the case the most appropriate way of providing the care and medical treatment of which the patient stands in need.

(3)

An application under paragraph (1) by an approved social worker may be made outside the area of the F4... authorised HSC trust by which he is appointed.

(4)

It shall be the duty of F5an authorised HSC trust, if so required by the nearest relative of a patient residing in its area, to direct an approved social worker as soon as practicable to take the patient's case into consideration under paragraph (1) with a view to making an application under that paragraph in respect of him; and if in any such case that approved social worker decides not to make an application he shall inform the nearest relative of his reasons in writing.

(5)

Nothing in this Article shall be construed as authorising or requiring an application to be made by an approved social worker in contravention of Article 5(3) to (5) or Article 19(3) to (6) or as restricting the power of an approved social worker to make any application under this Order.

F6(6)

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Annotations

Textual amendments

F1

1994 NI 2

F2

Words in art. 40(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. 76(2); S.R. 2022/102, art. 2(b)

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. 40(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 76(2); S.R. 2022/102, art. 2(b)

F5

Word in art. 40(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 76(3); S.R. 2022/102, art. 2(b)

F6

Art. 40(6) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 76(4); S.R. 2022/102, art. 2(b)

Modifications

C1

Art. 40 applied (with modifications) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(jj)(i)(ii), 4

C2

Art. 40 applied (with modifications.) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(aa), 4

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)