The Health and Personal Social Services (Northern Ireland) Order 1994

The Mental Health (Northern Ireland) Order 1986 (NI 4)

In Article 2(2) for the definitions of “approved social worker”, “hospital”, “HSS trust” and “responsible Board” substitute respectively—

““approved social worker” means an officer of a Board or an authorised HSS trust appointed to act as an approved social worker for the purposes of this Order;

“hospital”, subject to paragraph (2A), means any hospital, institution or special accommodation vested in the Department or in an authorised HSS trust;

“HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 and “authorised HSS trust” shall be construed in accordance with paragraph (2B);

“responsible authority” means—

(a)

in relation to a patient whose admission to a hospital is being sought or who is in, or is liable to be detained in, a hospital—

(i)

where the hospital is vested in an authorised HSS trust, that trust;

(ii)

in any other case, the Board managing that hospital;

(b)

in relation to a patient who is the subject of a guardianship application or is subject to guardianship under this Order—

(i)

where that patient resides in the area of an authorised HSS trust, that trust;

(ii)

in any other case, the Board for the area in which that patient resides;”.