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Article 8 Effect of application for assessmentC3C1C2

Northern Ireland

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

(1)

An application for assessment duly completed in accordance with this Part shall be sufficient authority for—

(a)

the applicant or a person authorised by the applicant; or

(b)

the responsibleF1 authority, if the applicant so requests in a case of difficulty,

to take the patient and convey him to the hospital specified in the application at any time within the period of—

(i)

two days beginning with the date on which the medical recommendation was signed; or

(ii)

such longer period (not exceeding 14 days) as a medical practitioner appointed for the purposes of this Part by F2 RQIA may certify in the prescribed form to be necessary in exceptional circumstances.

(2)

Where a patient is admitted within that period to the hospital specified in any such application, or, being within a hospital, is treated by virtue of Article 7 as if he had been so admitted,—

(a)

the application shall be sufficient authority for the responsible authority to detain the patient in the hospital in accordance with Article 9; and

(b)

the responsible authority shall immediately forward to RQIA a copy of the application for assessment and of the medical recommendation on which it is founded.

(3)

Where a patient who is subject under this Order to the guardianship of a person other than F3... an authorised F4HSC trust is admitted to hospital for assessment, it shall be the duty of the responsible authority to inform the guardian of the patient to that effect as soon as may be practicable.

Annotations

Textual amendments

F1

1994 NI 2

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

F3

Words in art. 8(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. 69; S.R. 2022/102, art. 2(b)

F4

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

Modifications

C1

Art. 8 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(3)(e), 4

C2

Art. 8 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(3)(e), 4

C3

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)

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)