The Mental Health (Northern Ireland) Order 1986

Effect of hospital orders, guardianship orders and interim hospital orders N.I.

46.—(1) Where a court makes a hospital order in respect of a patient, it shall be the duty of [F1 the trust specified by the court] to give effect to the order by designating a hospital for the purposes of paragraph (2)(a); [F2 and F3 ... the authorised [F4 HSC trust] managing that hospital shall receive the patient accordingly.]

(2) A hospital order shall be sufficient authority—

(a) for a constable, an approved social worker or any other person directed to do so by the court to convey the patient within the period of 28 days beginning with the date of the order to such hospital as [F5 the trust] may designate; and

(b) [F2 for F6 ... the authorised [F4 HSC trust] managing the hospital] to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Order.

(3) Where an interim hospital order is made in respect of an offender—

(a) it shall be the duty of [F7 the trust] to give effect to the order by designating the hospital to which the offender is to be admitted;

(b) a constable or any other person directed to do so by the court shall convey the offender to the hospital designated by [F7 the trust] within the period of 28 days beginning with the date of the order; and

(c) [F2 F8 ... the authorised [F4 HSC trust] managing that hospital] shall admit him within that period and thereafter detain him in accordance with the provisions of Article 45.

(4) The court by which a hospital order or an interim hospital order is made may give such directions as it thinks fit for the conveyance of the patient to a place of safety and his detention therein pending his admission to hospital [F9 within the period of 28 days referred to in] [F9 in accordance with] paragraph (2)(a) or, as the case may be, paragraph (3)(b).

(5) A guardianship order shall confer on the F10 ... [F2 authorised [F4 HSC trust]] or person therein named as guardian the same powers as a guardianship application made and accepted under Part II.

(6) A patient who is—

(a) admitted to a hospital in pursuance of a hospital order shall be treated for the purposes of the provisions of Part II mentioned in Part I of Schedule 2 as if he were detained for treatment and his date of admission were the date of the order, but subject to any modifications of those provisions specified in that Part of Schedule 2;

(b) placed under guardianship by a guardianship order shall be treated for the purposes of the provisions of Part II mentioned in Part I of Schedule 2 as if he had been received into guardianship on the date of the order in pursuance of a guardianship application duly made under Part II, but subject to any modifications of those provisions specified in that Part of Schedule 2.

(7) Where a patient is admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, any previous application, medical report, hospital order or guardianship order by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect, but if either of the first-mentioned orders, or the conviction to which it relates, is quashed on appeal, this paragraph shall not apply and Article 31 shall have effect as if, during any period for which the patient was liable to be detained or subject to guardianship under the order, he had been detained in custody as mentioned in that Article.

F1 Words in art. 46(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(2)(a); S.R. 2022/102, art. 2(b)

F2 1994 NI 2

F3 Words in art. 46(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. 81(2)(b); 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

F5 Words in art. 46(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(3)(a); S.R. 2022/102, art. 2(b)

F6 Words in art. 46(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(3)(b); S.R. 2022/102, art. 2(b)

F7 Words in art. 46(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(4)(a); S.R. 2022/102, art. 2(b)

F8 Words in art. 46(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. 81(4)(b); S.R. 2022/102, art. 2(b)

F9 Words in art. 46(4) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 13(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

F10 Word in art. 46(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(5); S.R. 2022/102, art. 2(b)

Modifications etc. (not altering text)

C1 Art. 46 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)

C2 Art. 46(2)(3) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 paras. 13(1), 14(4)(b) (with ss. 88-90, Sch. 10 paras. 2, 18); S.R. 2020/58, art. 2(c)