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The Mental Health (Northern Ireland) Order 1986, Section 93 is up to date with all changes known to be in force on or before 05 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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93.—(1) It shall be the duty of any person carrying on a private hospital—
(a)to keep the hospital open to inspection in pursuance of this Article at all reasonable times;
(b)to keep such registers and records as may be prescribed and to keep those registers and records open to inspection;
(c)to ensure that any conditions specified in the certificate of registration are complied with;
(d)to afford to the High Court, the Office of Care and Protection, the Review Tribunal and [F1RQIA] all such facilities as are necessary for them to exercise their functions under this Order;
(e)to furnish to the High Court, the Office of Care and Protection, the Review Tribunal, [F1RQIA] and the Department such returns, reports and other information in relation to patients within his care as they may require for the exercise of their functions under this Order;
and any person who fails to comply with any requirement of this paragraph shall be guilty of an offence under this Part.
(2) It shall be the duty of the Department to ensure by regular inspection of any private hospital that that hospital is being properly carried on, and for the purpose of making an inspection in pursuance of this Article, any person authorised in that behalf by the Department may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, enter and inspect any premises which are used, or which he reasonably believes to be used, for the purposes of a private hospital.
(3) Any person authorised under paragraph (2) may interview any patient in private.
F1Words 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
Commencement Information
I1Art. 93 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(d)
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