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Article 73 Duty on responsible authorities to refer cases to the tribunalF2C1C2

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

(1)

If the authority for the detention of a patient in a hospital or his guardianship under Part II is renewed under Article 13 or 23 and a period of 2 years (or, if the patient has not attained the age of 16 years, one year) has elapsed since his case was last considered by the Review Tribunal, whether on his own application or otherwise, the responsibleF1 authority shall refer his case to the tribunal.

(2)

For the purpose of furnishing information for the purposes of any reference under this Article, any medical practitioner authorised by or on behalf of the patient may at any reasonable time visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital.

(3)

The Department may by order vary the length of the periods mentioned in paragraph (1).

Annotations

Textual amendments

F1

1994 NI 2

F2

Words in art. 73 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 85; S.R. 2022/102, art. 2(b)

Modifications

C1

Art. 73 applied (with modifications) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs., 1 3(5)(c)(i)4

C2

Art. 73 applied (with modifications.) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(5)(c), 4

Notes on Part V

Textual amendments

F1

Pt. V heading substituted (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 38 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)