PART VIN.I.THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND
Establishment of Mental Health Commission for Northern IrelandN.I.
85.—(1) There shall be established a body to be called the Mental Health Commission for Northern Ireland (in this Order referred to as “the Commission”).
(2) The Commission shall exercise—
(a)the functions conferred on it by this Order; and
(b)such other functions relating to or connected with mental health as the Department may by order prescribe.
(3) Schedule 4 shall have effect in relation to the Commission.
Functions of the CommissionN.I.
86.—(1) It shall be the duty of the Commission to keep under review the care and treatment of patients, including (without prejudice to the generality of the foregoing) the exercise of the powers and the discharge of the duties conferred or imposed by this Order.
(2) In the exercise of its functions under paragraph (1) it shall be the duty of the Commission—
(a)to make inquiry into any case where it appears to the Commission that there may be ill-treatment, deficiency in care or treatment, or improper detention in hospital or reception into guardianship of any patient, or where the property of any patient may, by reason of his mental disorder, be exposed to loss or damage;
(b)as often as the Commission thinks appropriate to visit and interview in private patients who are liable to be detained in hospital under this Order;
(c)to bring to the attention of the Department, the Secretary of State,[F1 a Board, an HSS trust or the person] carrying on a private hospital,[F2 residential care home], voluntary home or nursing home the facts of any case in which in the opinion of the Commission it is desirable for the Department, the Secretary of State,[F1 the Board, the HSS trust or that person] to exercise any of their functions to secure the welfare of any patient by—
(i)preventing his ill-treatment;
(ii)remedying any deficiency in his care or treatment;
(iii)terminating his improper detention in hospital or reception into guardianship; or
(iv)preventing or redressing loss or damage to his property;
(d)to advise the Department, the Secretary of State, a Board[F1, an HSS trust] or any body established under a statutory provision on any matter arising out of this Order which has been referred to the Commission by the Department, the Secretary of State, the Board[F1, the HSS trust] or the body, as the case may be;
(e)to bring to the attention of the Department, the Secretary of State, a Board[F1, an HSS trust] or any other body or person any matter concerning the welfare of patients which the Commission considers ought to be brought to their attention.
(3) In the exercise of its functions under paragraph (1) the Commission may—
(a)where it thinks fit, refer to the Review Tribunal the case of any patient who is liable to be detained in hospital or subject to guardianship under this Order;
(b)at any reasonable time visit, interview and medically examine in private any patient in a hospital, private hospital,[F2 residential care home], voluntary home or nursing home or any person subject to guardianship under this Order;
(c)require the production of and inspect any records relating to the detention or treatment of any person who is or has been a patient in a hospital, private hospital,[F2 residential care home], voluntary home or nursing home or relating to any person who is or has been subject to guardianship under this Order.
(4) Schedule 8 to the [1972 NI 14] Health and Personal Social Services (Northern Ireland) Order 1972 shall have effect in relation to any inquiry under paragraph (2)(a) as it has effect in relation to any inquiry under Article 54 of that Order, but with the omission of paragraphs 1, 2 and 6 of that Schedule and the substitution for references to the person appointed to hold the inquiry of references to the Commission.
(5) It shall be the duty of any person carrying on a[F2 residential care home], a voluntary home or a nursing home and of the guardian of any person subject to guardianship under this Order to afford the Commission all facilities necessary to enable it to carry out its functions in respect of any patient.
(6) Where in the exercise of its functions under this Article the Commission has advised any body or person on any matter or brought any case or matter to the attention of any body or person, the Commission may by notice in writing addressed to that body or person require that body or person, within such reasonable period as the Commission may specify in the notice, to provide to the Commission such information concerning the steps taken or to be taken by that body or person in relation to that case or matter as the Commission may so specify; and it shall be the duty of every body or person on whom a notice is served under this paragraph to comply with the requirements of that notice.
(7) Paragraph (6) does not apply to the Review Tribunal.
(8) In this Article “voluntary home” has the meaning assigned to it by[F3 Article 74 of the Children (Northern Ireland) Order 1995].
Exercise of functions of the CommissionN.I.
87.—(1) Subject to paragraphs (2) and (3), the Commission may appoint—
(a)any member of the Commission or any committee of members of the Commission;
(b)any person, not being a member of the Commission; or
(c)any committee consisting of members of the Commission and persons who are not members;
to carry out any of the functions of the Commission.
(2) The power medically to examine a patient conferred by Article 86(3)(b) and the power conferred by Article 86(3)(c) shall be exercisable only by—
(a)a member of the Commission who is a medical practitioner; or
(b)a medical practitioner appointed by the Commission for that purpose.
(3) Any member of the Commission or committee or person appointed in pursuance of paragraph (1) shall exercise the functions so conferred in accordance with the directions of the Commission.
Financial provisionsN.I.
88.—(1) There shall, in respect of each financial year, be paid by the Department to the Commission such sums as the Department may determine towards the expenditure incurred by the Commission in the exercise of its functions in that year.
(2) Payments under paragraph (1) shall be made at such times and in such manner and subject to such conditions as to records, certificates or otherwise as the Department may determine.
(3) It shall be the duty of the Commission so to perform its functions as to secure that the expenditure attributable to the performance of its functions in each financial year does not exceed the aggregate of the amounts received by the Commission under paragraph (1) in respect of that year.
(4) The Department may give directions to the Commission with respect to the application of the sums paid to it under paragraph (1), and it shall be the duty of the Commission to comply with any such directions.
[F4Accounts and auditN.I.
89.—(1) The Commission shall—
(a)keep proper accounts and proper records in relation to the accounts; and
(b)prepare a statement of accounts in respect of each financial year.
(2) The statement of accounts shall—
(a)be in such form; and
(b)contain such information,
as the Department may, with the approval of the Department of Finance and Personnel, direct.
(3) The Commission shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—
(a)the Department; and
(b)the Comptroller and Auditor General for Northern Ireland.
(4) The Comptroller and Auditor General shall—
(a)examine, certify and report on every statement of accounts sent to him by the Commission under this Article; and
(b)send a copy of his report to the Department.
(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.]