The Mental Health (Northern Ireland) Order 1986

10.—(1) This paragraph applies where immediately before the appointed day a patient is subject to guardianship in pursuance of a guardianship application under section 21 of the 1961 Act. N.I.

(2) Subject to the following provisions of this paragraph, this Order shall apply to the patient as if he were subject to guardianship in pursuance of a guardianship application duly made in accordance with Part II and accepted by the responsible Board on the date on which the guardianship application in relation to him was accepted under section 22 of the 1961 Act.

(3) Where the authority for the guardianship of the patient has been renewed under section 32 of the 1961 Act for a further period of one year which has not expired on the appointed day, the patient may be kept under guardianship for so much of the period of one year as has not expired but shall not be so kept for any longer period unless the authority for his guardianship is renewed for a further period of one year under Article 23, as applied by sub-paragraph (2).

(4) Where the authority for the guardianship of the patient has been renewed under section 32 of the 1961 Act for a further period of two years which has not expired on the appointed day, the patient may be kept under guardianship—

(a) if on the appointed day one year or more of the period of two years has expired, for so much of the period of two years as has not expired;

(b) if on the appointed day less than one year of the period of two years has expired, for a period of one year from the date on which the authority was last renewed,

but shall not be so kept for any longer period unless the authority for his guardianship is renewed for a further period of one year under Article 23, as applied by sub-paragraph (2).

(5) Where the Board named as guardian in the guardianship application is not the responsible Board references in this Order to the responsible Board shall be construed as references to the Board so named.