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The Mental Health (Northern Ireland) Order 1986
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Changes over time for: Section 116
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Changes to legislation:
The Mental Health (Northern Ireland) Order 1986, Section 116 is up to date with all changes known to be in force on or before 28 December 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.
Changes to Legislation
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Changes and effects yet to be applied to Article 116:
- Sch.05 Pt. 1 rev. in pt. by 1995 c. 35 s. 29(2) Sch. 3
- Sch. 5 Pt. 2 rev. in pt. by 1998 c. 47 s. 100(2) Sch. 15
- art. 14A inserted by 2016 c. 18 (N.I.) Sch. 8 para. 10
- art. 36(2)(za) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 22(3)
- art. 36(3)(e) and word inserted by 2016 c. 18 (N.I.) Sch. 8 para. 22(4)(d)
- art. 37(1)(za) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 23(2)(a)
- art. 37(1A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 23(3)
- art. 52 rev. by 1996 c. 46 s. 35(2) Sch.7 Pt. 3
- art.52 rev. (DrosD,) by 1996 c. 46 s. 35(2) Sch.7 Pt.III
- art. 63A 63B inserted by 2016 c. 18 (N.I.) Sch. 8 para. 31
- art. 67(2A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 35(4)
- art. 83(4A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 48(4)
- art. 116(1) words inserted by 2016 c. 18 (N.I.) Sch. 8 para. 57(2)
- art. 116(5) words substituted by 2016 c. 18 (N.I.) Sch. 8 para. 57(3)
- art. 120(4) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 59(4
- art. 133(2A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 68(4)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.05 Pt. 1 rev. in pt. by 1995 c. 35 s. 29(2) Sch. 3
- Sch. 5 Pt. 2 rev. in pt. by 1998 c. 47 s. 100(2) Sch. 15
- art. 14A inserted by 2016 c. 18 (N.I.) Sch. 8 para. 10
- art. 36(2)(za) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 22(3)
- art. 36(3)(e) and word inserted by 2016 c. 18 (N.I.) Sch. 8 para. 22(4)(d)
- art. 37(1)(za) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 23(2)(a)
- art. 37(1A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 23(3)
- art. 52 rev. by 1996 c. 46 s. 35(2) Sch.7 Pt. 3
- art.52 rev. (DrosD,) by 1996 c. 46 s. 35(2) Sch.7 Pt.III
- art. 63A 63B inserted by 2016 c. 18 (N.I.) Sch. 8 para. 31
- art. 67(2A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 35(4)
- art. 83(4A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 48(4)
- art. 120(4) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 59(4
- art. 133(2A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 68(4)
Powers of [F1HSC trusts] in relation to property of patientsN.I.
116.—[F2(1) Subject to paragraphs (4) and (5), where it appears to [F3an HSC trust] that any patient in any hospital or in any accommodation managed by it is incapable, by reason of mental disorder, of managing and administering his property and affairs, [F4the trust] may receive and hold money and valuables on behalf of that patient.]
(2) A receipt or discharge given by [F5a trust] F2. . . for any such money or valuables shall be treated as a valid receipt or discharge given by the patient.
(3) Where [F6a trust] F2. . . holds money or valuables on behalf of a person in pursuance of paragraph (1), it may expend that money or dispose of those valuables for the benefit of that person and in the exercise of the powers conferred by this paragraph [F7the trust] F2. . . shall have regard to the sentimental value that any article may have for the patient, or would have but for his mental disorder.
(4) [F8A trust] F2. . . shall not receive or hold under paragraph (1) on behalf of any one patient without the consent of [F9RQIA] money or valuables exceeding in the aggregate such sum as the Department may from time to time determine.
(5) Paragraph (1) shall not apply where a controller has been appointed in Northern Ireland in relation to the property and affairs of the patient.
F10(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in art. 116 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(7); S.R. 2022/102, art. 2(b)
F3Words in art. 116(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(2)(a); S.R. 2022/102, art. 2(b)
F4Words in art. 116(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(2)(b); S.R. 2022/102, art. 2(b)
F5Words in art. 116(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(3); S.R. 2022/102, art. 2(b)
F6Words in art. 116(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(4)(a); S.R. 2022/102, art. 2(b)
F7Words in art. 116(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(4)(b); S.R. 2022/102, art. 2(b)
F8Words in art. 116(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(5); S.R. 2022/102, art. 2(b)
F9Words 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
F10Art. 116(6) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 94(6); S.R. 2022/102, art. 2(b)
Modifications etc. (not altering text)
C1Art. 116 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs. 1, 3(7)(b), 4
C2Art. 116 applied (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(7)(b), 4
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