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The Mental Health (Northern Ireland) Order 1986, Section 46 is up to date with all changes known to be in force on or before 04 September 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.
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46.—(1) Where a court makes a hospital order in respect of a patient, it shall be the duty of [F1the trust specified by the court] to give effect to the order by designating a hospital for the purposes of paragraph (2)(a); [F2 and F3... the authorised [F4HSC trust] managing that hospital shall receive the patient accordingly.]
(2) A hospital order shall be sufficient authority—
(a)for a constable, an approved social worker or any other person directed to do so by the court to convey the patient within the period of 28 days beginning with the date of the order to such hospital as [F5the trust] may designate; and
(b)[F2for F6... the authorised [F4HSC trust] managing the hospital] to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Order.
(3) Where an interim hospital order is made in respect of an offender—
(a)it shall be the duty of [F7the trust] to give effect to the order by designating the hospital to which the offender is to be admitted;
(b)a constable or any other person directed to do so by the court shall convey the offender to the hospital designated by [F7the trust] within the period of 28 days beginning with the date of the order; and
(c)[F2F8... the authorised [F4HSC trust] managing that hospital] shall admit him within that period and thereafter detain him in accordance with the provisions of Article 45.
(4) The court by which a hospital order or an interim hospital order is made may give such directions as it thinks fit for the conveyance of the patient to a place of safety and his detention therein pending his admission to hospital [F9within the period of 28 days referred to in] [F9in accordance with] paragraph (2)(a) or, as the case may be, paragraph (3)(b).
(5) A guardianship order shall confer on the F10... [F2 authorised [F4HSC trust]] or person therein named as guardian the same powers as a guardianship application made and accepted under Part II.
(6) A patient who is—
(a)admitted to a hospital in pursuance of a hospital order shall be treated for the purposes of the provisions of Part II mentioned in Part I of Schedule 2 as if he were detained for treatment and his date of admission were the date of the order, but subject to any modifications of those provisions specified in that Part of Schedule 2;
(b)placed under guardianship by a guardianship order shall be treated for the purposes of the provisions of Part II mentioned in Part I of Schedule 2 as if he had been received into guardianship on the date of the order in pursuance of a guardianship application duly made under Part II, but subject to any modifications of those provisions specified in that Part of Schedule 2.
(7) Where a patient is admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, any previous application, medical report, hospital order or guardianship order by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect, but if either of the first-mentioned orders, or the conviction to which it relates, is quashed on appeal, this paragraph shall not apply and Article 31 shall have effect as if, during any period for which the patient was liable to be detained or subject to guardianship under the order, he had been detained in custody as mentioned in that Article.
F1Words in art. 46(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(2)(a); S.R. 2022/102, art. 2(b)
F3Words in art. 46(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(2)(b); S.R. 2022/102, art. 2(b)
F4Words 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
F5Words in art. 46(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(3)(a); S.R. 2022/102, art. 2(b)
F6Words in art. 46(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(3)(b); S.R. 2022/102, art. 2(b)
F7Words in art. 46(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(4)(a); S.R. 2022/102, art. 2(b)
F8Words in art. 46(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(4)(b); S.R. 2022/102, art. 2(b)
F9Words in art. 46(4) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 13(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)
F10Word in art. 46(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 81(5); S.R. 2022/102, art. 2(b)
Modifications etc. (not altering text)
C1Art. 46 expiry of earlier affecting provision 2020 c. 7, Sch. 10 paras. 3-13 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
C2Art. 46(2)(3) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 paras. 13(1), 14(4)(b) (with ss. 88-90, Sch. 10 paras. 2, 18); S.R. 2020/58, art. 2(c)
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