The Mental Health (Northern Ireland) Order 1986
1986/595 · Made 26 March 1986 · Extends to Northern Ireland
Annotations to the whole text
Modifications
- C1
Order modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 3(2)(b) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, reg. 2(c)
- C2
Order 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)
- C3
Order applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(6), 29(6)(7); S.I. 2024/562, reg. 2
- C4
Order: functions of Secretary of State transferred (12.4.2010) to Department of Justice by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 para. 11 (with arts. 28-31); S.I. 2010/977, art. 1(2)
- C5
Order: functions of Lord Chancellor transferred (12.4.2010) to Department of Justice by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 39 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- Interpretation of Order
- 2Interpretation
- 3Definition of “mental disorder” and related expressions
- General provisions about patients under 16
- 3ABest interests of patient under 16
- 3BDetermination of a patient's best interests
- 3CIndependent Advocates
- 3DIn-patients under 16: duties of hospital managers
- Part II: COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP
- Admission to hospital for assessment
- 4Admission for assessment
- 5Person who may make application for assessment
- 6General provisions as to medical recommendation
- 7Application for assessment in respect of patient already in hospital
- 7APower to detain in hospital pending admission to another hospital
- 8Effect of application for assessment
- 9The assessment period
- 10Disregard of assessment period for certain purposes
- 11Rectification of applications, recommendations and reports
- Detention in hospital for treatment
- 12Detention for treatment
- 13Renewal of authority for detention
- 14Discharge of patient from detention
- 15Leave of absence from hospital
- 16Correspondence of detained patients
- 17Review of decision to withhold postal packet
- Guardianship
- 18Reception of patients into guardianship
- 19Person who may make guardianship application
- 20General provisions as to medical recommendations
- 21Rectification of guardianship applications and recommendations
- 22Effect of guardianship application
- 23Renewal of authority for guardianship
- 24Discharge of patient from guardianship
- 25Transfer of guardianship on death, incapacity, etc. of guardian
- 26Regulations as to guardianship
- Provisions relating to patients subject to detention or guardianship
- 27Duty of authority to give information to patients and nearest relatives
- 28Transfer of patients
- 29Return and readmission of patients absent without leave
- 30Special provisions as to patients absent without leave
- 31Special provisions as to patients sentenced to imprisonment, etc.
- Functions of nearest relative of patient
- 32Definition of “nearest relative”
- 33Children and young persons in care
- 34Minors under guardianship, etc.
- 35Assignment of functions by nearest relative
- 36Appointment by county court of acting nearest relative
- 37Discharge and variation of orders under Article 36
- 38Procedure on application to county court
- Miscellaneous
- 39Special provisions as to wards of court
- 40Duty of approved social worker to make application for assessment or guardianship
- 41Applications, recommendations and reports under Part II
- Part III: PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE
- Remands to hospital
- 42Remand to hospital for report on accused's mental condition
- 43Remand to hospital for treatment
- Hospital and guardianship orders
- 44Powers of courts to order hospital admission or guardianship
- 45Interim hospital orders
- 46Effect of hospital orders, guardianship orders and interim hospital orders
- Restriction orders
- 47Powers of court to restrict discharge from hospital
- 48Powers of Secretary of State in respect of patients subject to restriction orders
- Procedure during trial on indictment
- 49Procedure in relation to unfitness to be tried
- 49AFinding that the accused did the act or made the omission charged against him
- 50Procedure in relation to finding of insanity
- Appeals
- 50APowers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.
- 51Appeals
- Transfer to hospital of prisoners, etc.
- 53Removal to hospital of persons serving sentences of imprisonment, etc.
- 54Removal to hospital of other prisoners
- 55Restriction on discharge of prisoners removed to hospital
- 56Further provisions as to prisoners under sentence
- 57Further provisions as to detained persons
- 58Further provisions as to persons remanded by magistrates' courts
- 59Further provisions as to civil prisoners and persons detained under the Immigration Act 1971
- Supplementary
- 60Requirements as to written evidence
- 61Interpretation of Part III
- Part IV: CONSENT TO TREATMENT
- 62Patients to whom the provisions of this Part apply
- 63Treatment requiring consent and a second opinion
- 64Treatment requiring consent or a second opinion
- 65Plans of treatment
- 66Withdrawal of consent
- 67Review of treatment
- 68Urgent treatment
- 69Treatment not requiring consent
- Part V: THE REVIEW TRIBUNAL
- Constitution
- 70Constitution of the Review Tribunal
- Applications and references concerning Part II patients
- 71Applications to the tribunal under Part II
- 72References of cases of Part II patients to the tribunal
- 73Duty on responsible authorities to refer cases to the tribunal
- Applications and references concerning Part III patients
- 74Applications and references to the tribunal concerning patients subject to hospital and guardianship orders, other than restricted patients
- 75Applications to the tribunal concerning restricted patients
- 76References by Secretary of State concerning restricted patients
- Discharge of patients
- 77Power to discharge patients other than restricted patients
- 78Power to discharge restricted patients subject to restriction orders
- 79Powers in relation to restricted patients subject to restriction directions
- 80Applications and references concerning conditionally discharged restricted patients
- General
- 81Visiting and examination of patients
- 82Applications to the tribunal
- 83Procedure of tribunal
- 84Interpretation of Part V
- Part VI: THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND
- 85Duties of RQIA in relation to mental health
- 86Functions of RQIA
- 87Exercise of functions of RQIA
- 88Financial provisions Repealed
- 89Accounts and audit Repealed
- Part VII: REGISTRATION OF PRIVATE HOSPITALS
- 90Registration of private hospitals
- 91Application for, and grant of, certificate of registration
- 92Certificates of registration
- 93Control of private hospitals
- 94Cancellation of registration
- 95Application of this Order to private hospitals
- 96Offences under Part VII
- Part VIII: MANAGEMENT OF PROPERTY AND AFFAIRS OF PATIENTS
- 97Jurisdiction of High Court in relation to property and affairs of patients
- 98General powers of the court with respect to property and affairs of patient
- 99Orders, directions, etc of the court as to patient's property and affairs
- 100Supplementary provisions as to wills executed under Article 99
- 101Power to appoint controller
- 102Transfer of stock held in name of mentally disordered person outside Northern Ireland
- 103Preservation of interests in patient's property
- 104The Lord Chief Justice's Visitors
- 105Functions of Visitors
- 106Rules of court
- 107Duty to notify Office of Care and Protection
- 108Procedure for notifications under Article 107
- 109Interpretation of Part VIII
- Part IX: MISCELLANEOUS FUNCTIONS OF DEPARTMENT , THE REGIONAL AGENCY AND HSC TRUSTS
- 110Provision of special accommodation by Department
- 111Code of Practice
- 112General duty of the Regional Agency and HSC trusts
- 113Miscellaneous powers of HSC trusts
- 114Payments to medical practitioners by HSC trusts
- 115Appointment of approved social workers by authorised HSC trusts
- 116Powers of HSC trusts in relation to property of patients
- 117Duty of responsible authorities to inform nearest relative of discharge of patient
- 118Provision of information and affording of facilities to other bodies by Department and HSC trusts
- Part X: OFFENCES
- 119Forgery, false statements, etc.
- 120Unlawful detention of patients
- 121Ill-treatment of patients
- 122Protection of women suffering from severe mental handicap Repealed
- 123Protection of patients Repealed
- 124Assisting patients to absent themselves without leave
- 125Obstruction
- 126Consent for certain prosecutions
- Part XI: MISCELLANEOUS AND SUPPLEMENTARY
- Miscellaneous
- 127Voluntary use of services
- 128Pay, pensions, etc. of patients
- 129Warrant to search for and remove patients
- 130Mentally disordered persons found in public places
- 131Provisions as to custody, conveyance and detention
- 132Retaking of patients escaping from custody
- 133Protection for acts done in pursuance of this Order
- 134Patients removed to or from Northern Ireland
- Supplementary
- 135Regulations and rules
- 136Amendments
- 137Transitional provisions
- Schedule 1: PERSONS BY WHOM A MEDICAL RECOMMENDATION OR MEDICAL REPORT UNDER ARTICLE 12 MAY NOT BE GIVEN
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 2: APPLICATION OF PART II TO PATIENTS DETAINED OR SUBJECT TO GUARDIANSHIP UNDER PART III
- Part I: PATIENTS NOT SUBJECT TO SPECIAL RESTRICTIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part II: PATIENTS SUBJECT TO SPECIAL RESTRICTIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2A: SUPERVISION AND TREATMENT ORDERS
- Part I: PRELIMINARY
- 1Paragraph 1
- Part II: MAKING AND EFFECT OF ORDERS
- Circumstances in which orders may be made
- 2Paragraph 2
- Making of orders and general requirements
- 3Paragraph 3
- Obligatory requirements as to medical treatment
- 4Paragraph 4
- Optional requirements as to residence
- 5Paragraph 5
- Part III: REVOCATION AND AMENDMENT OF ORDERS
- Revocation of order in interests of health or welfare
- 6Paragraph 6
- Amendment of order by reason of change of residence.
- 7Paragraph 7
- Amendment of requirements of order
- 8Paragraph 8
- Amendment of requirements in pursuance of medical report
- 9Paragraph 9
- Supplemental
- 10Paragraph 10
- 11Paragraph 11
- Schedule 3THE REVIEW TRIBUNAL
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 4
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- Tenure of office
- 3Paragraph 3
- Remuneration
- 4Paragraph 4
- Disqualification of members of Commission for Northern Ireland Assembly
- 5Paragraph 5
- Proceedings
- 6Paragraph 6
- Staff and accommodation
- 7Paragraph 7
- Reports
- 8Paragraph 8
- The seal
- 9Paragraph 9
- Execution of contracts and instruments not under seal
- 10Paragraph 10
- Schedule Schedule
- Schedule 6: TRANSITIONAL PROVISIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Paragraph
- 32Paragraph 32
- 33Paragraph 33
- Schedule Schedule