The Mental Health (Northern Ireland) Order 1986

Duty to notify Office of Care and ProtectionN.I.

107.—(1) Where a Board[F1 or authorised [F2HSC trust]] is satisfied—

(a)that any person within its area is incapable, by reason of mental disorder, of managing and administering his property and affairs;

(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and

(c)that arrangements in that behalf have neither been made nor are being made,

it shall be the duty of the Board[F1 or authorised [F2HSC trust]] to notify the Office of Care and Protection of those matters.

[F1(1A) For the purposes of paragraph (1) a person shall not be taken to be within the area of a Board if he is within the area of an authorised [F2HSC trust] .

(1B) Where an [F2HSC trust] other than an authorised [F2HSC trust] is satisfied—

(a)that any person in a hospital managed by the trust is incapable, by reason of mental disorder, of managing and administering his property and affairs;

(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and

(c)that arrangements in that behalf have neither been made nor are being made,

it shall be the duty of the trust to notify the Office of Care and Protection of those matters.]

(2) Where any person carrying on a nursing home, a[F3 residential care home] or a private hospital is satisfied—

(a)that any person within his care is incapable, by reason of mental disorder, of managing and administering his property and affairs;

(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and

(c)that arrangements in that behalf have neither been made nor are being made,

it shall be the duty of that person to notify the Office of Care and Protection of those matters.

(3) Where [F4RQIA] is satisfied—

(a)that any person is incapable, by reason of mental disorder, of managing and administering his property and affairs;

(b)that any of the powers of the court under Article 98 or 99 ought to be exercised with respect to the property or affairs of that person; and

(c)that arrangements in that behalf have neither been made nor are being made,

it shall be the duty of [F4RQIA] to notify the Office of Care and Protection of those matters.