- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
The Mental Health (Northern Ireland) Order 1986, PART VII is up to date with all changes known to be in force on or before 18 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
90.—(1) Every private hospital within the meaning of this Order shall be registered, and the following provisions of this Part shall apply to the registration, conduct and inspection of private hospitals.
(2) In this Order “private hospital” means any premises used or intended to be used for the reception of, and the provision of treatment for, one or more patients subject to detention under this Order (whether or not other persons are received and treated); not being a hospital vested in the[F1 the Department or an [F2HSC trust]].
F2Words 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
Commencement Information
I1Art. 90 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(a)
91.—(1) An application for the registration of premises as a private hospital shall be made in writing to the Department by or on behalf of the person proposing to carry on the hospital, and shall be accompanied by a fee of such amount as may be prescribed.
(2) Subject to paragraph (3), the Department may register the premises named in the application and issue to the person proposing to carry on the hospital a certificate of registration.
(3) The Department shall not issue a certificate of registration unless the Department is satisfied—
(a)that the person proposing to carry on the hospital is a fit person for this purpose, having regard to his age, conduct and any other relevant consideration; and
(b)that the premises are fit to be used for a private hospital; and
(c)that the arrangements proposed for patients are suitable and adequate; and
(d)that the medical and nursing staff proposed is adequate for the hospital and is suitably trained and qualified.
(4) Nothing in the foregoing provisions of this Article shall be construed as requiring the Department to issue a certificate of registration.
Commencement Information
I2Art. 91 in operation at 1.11.2012 for specified purposes by S.R. 2012/349, art. 2(1)(a)
I3Art. 91 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(b)
92.—(1) A certificate of registration shall—
(a)specify the maximum number of persons who at any one time may receive care or treatment in the hospital to which the certificate relates; and
(b)contain such conditions as the Department may consider appropriate for regulating the category of patients who may be received into the hospital.
(2) A certificate of registration shall, unless cancelled or surrendered, continue in force for a period of five years from its date of issue, but shall be renewable on a fresh application.
(3) A certificate of registration shall be kept fixed conspicuously in the hospital to which it relates, and if this requirement is not complied with the person carrying on the hospital shall be guilty of an offence under this Part.
Commencement Information
I4Art. 92 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(c)
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 [F3RQIA] 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, [F3RQIA] 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.
F3Words 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
I5Art. 93 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(d)
94.—(1) The Department may at any time cancel a registration of a private hospital—
(a)on any ground on which the Department might have refused to register that hospital; or
(b)on the ground that the person carrying on the hospital has been convicted of an offence under this Order.
(2) On the cancellation of a registration, the person who is or was carrying on the hospital shall forthwith deliver up the certificate to the Department, and if that person fails to do so, the holder of the certificate shall be guilty of an offence under this Part.
(3) Where at the time of the cancellation of a registration any patient is liable to be detained on the premises concerned, the registration shall, notwithstanding the cancellation, continue in force until the expiration of a period of 28 days from the date of cancellation or until every such patient has ceased to be so liable, whichever first occurs.
Commencement Information
I6Art. 94 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(e)
95. The Department may by regulations made subject to affirmative resolution apply to, or in relation to, private hospitals such of the provisions of this Order (other than this Part) as the Department may think fit, subject to such adaptations and modifications as appear to the Department to be necessary.
Commencement Information
I7Art. 95 in operation at 1.11.2012 for specified purposes by S.R. 2012/349, art. 2(1)(b)
I8Art. 95 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(f)
96.—(1) Any person who carries on a private hospital which is not registered under this Part shall be guilty of an offence and liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(2) Any person guilty of an offence under this Part (other than the offence mentioned in paragraph (1)) shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Commencement Information
I9Art. 96 in operation at 31.3.2013 in so far as not already in operation by S.R. 2012/349, art. 2(2)(g)
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Gorchymyn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys