The Mental Health (Northern Ireland) Order 1986

Interpretation of Part V N.I.

84.—(1) In this Part “restricted patient” means a patient who is subject to a restriction order or restriction direction and this Part shall, subject to the provisions of this Article, have effect in relation to any person who—

(a) is subject to a direction which by virtue of Article 52(3) has the same effect as a hospital order and a restriction order; or

(b) is subject to an order which by virtue of Article[F1 50A(3) shall be treated] as a hospital order and a restriction order (including an order made under Article[F1 50A(2)] by virtue of section 11 or 13(5A) of the [1980 c. 47] Criminal Appeal (Northern Ireland) Act 1980);

(c) is treated as subject to a hospital order and a restriction order or to a transfer direction and a restriction direction by virtue of section 81(2) of the [1983 c. 20] Mental Health Act 1983 or [F2 article 4(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005],

as it has effect in relation to a restricted patient.

(2) Subject to the following provisions of this Article in this Part “the relevant hospital order” and “the relevant transfer direction”, in relation to a restricted patient, mean the hospital order or transfer direction by virtue of which he is liable to be detained in a hospital.

(3) In the case of a person within paragraph (1)(a), references in this Part to the relevant hospital order or restriction order shall be construed as references to the direction referred to in paragraph (1)(a).

(4) In the case of a person within paragraph (1)(b), references in this Part to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in paragraph (1)(b).

(5) In the case of a person within paragraph (1)(c), references in this Part to the relevant hospital order, the relevant transfer direction, the restriction order or the restriction direction or to a transfer direction under Article 54 shall be construed as references to the hospital order, transfer direction, restriction order, restriction direction or transfer direction under that Article to which that person is treated as subject by virtue of the provisions mentioned in paragraph (1)(c).

F1 1996 NI 24

F2 SI 2005/2078