The Mental Health (Northern Ireland) Order 1986

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. Interpretation of Order

      1. 2. Interpretation

      2. 3. Definition of “mental disorder” and related expressions

   3. General provisions about patients under 16

      1. 3A. Best interests of patient under 16

      2. 3B. Determination of a patient's best interests

      3. 3C. Independent Advocates

      4. 3D. In-patients under 16: duties of hospital managers

3. PART II COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP

   1. Admission to hospital for assessment

      1. 4. Admission for assessment

      2. 5. Person who may make application for assessment

      3. 6. General provisions as to medical recommendation

      4. 7. Application for assessment in respect of patient already in hospital

      5. 7A. Power to detain in hospital pending admission to another hospital

      6. 8. Effect of application for assessment

      7. 9. The assessment period

      8. 10. Disregard of assessment period for certain purposes

      9. 11. Rectification of applications, recommendations and reports

   2. Detention in hospital for treatment

      1. 12. Detention for treatment

      2. 13. Renewal of authority for detention

      3. 14. Discharge of patient from detention

      4. 15. Leave of absence from hospital

      5. 16. Correspondence of detained patients

      6. 17. Review of decision to withhold postal packet

   3. Guardianship

      1. 18. Reception of patients into guardianship

      2. 19. Person who may make guardianship application

      3. 20. General provisions as to medical recommendations

      4. 21. Rectification of guardianship applications and recommendations

      5. 22. Effect of guardianship application

      6. 23. Renewal of authority for guardianship

      7. 24. Discharge of patient from guardianship

      8. 25. Transfer of guardianship on death, incapacity, etc. of guardian

      9. 26. Regulations as to guardianship

   4. Provisions relating to patients subject to detention or guardianship

      1. 27. Duty of authority to give information to patients and nearest relatives

      2. 28. Transfer of patients

      3. 29. Return and readmission of patients absent without leave

      4. 30. Special provisions as to patients absent without leave

      5. 31. Special provisions as to patients sentenced to imprisonment, etc.

   5. Functions of nearest relative of patient

      1. 32. Definition of “nearest relative”

      2. 33. Children and young persons in care

      3. 34. Minors under guardianship, etc.

      4. 35. Assignment of functions by nearest relative

      5. 36. Appointment by county court of acting nearest relative

      6. 37. Discharge and variation of orders under Article 36

      7. 38. Procedure on application to county court

   6. Miscellaneous

      1. 39. Special provisions as to wards of court

      2. 40. Duty of approved social worker to make application for assessment or guardianship

      3. 41. Applications, recommendations and reports under Part II

4. PART III PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE

   1. Remands to hospital

      1. 42. Remand to hospital for report on accused's mental condition

      2. 43. Remand to hospital for treatment

   2. Hospital and guardianship orders

      1. 44. Powers of courts to order hospital admission or guardianship

      2. 45. Interim hospital orders

      3. 46. Effect of hospital orders, guardianship orders and interim hospital orders

   3. Restriction orders

      1. 47. Powers of court to restrict discharge from hospital

      2. 48. Powers of Secretary of State in respect of patients subject to restriction orders

   4. Procedure during trial on indictment

      1. 49. Procedure in relation to unfitness to be tried

      2. 49A. Finding that the accused did the act or made the omission charged against him

      3. 50. Procedure in relation to finding of insanity

   5. Appeals

      1. 50A. Powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.

      2. 51. Appeals

      3. Art. 52 rep. by 1996 c. 46

   6. Transfer to hospital of prisoners, etc.

      1. 53. Removal to hospital of persons serving sentences of imprisonment, etc.

      2. 54. Removal to hospital of other prisoners

      3. 55. Restriction on discharge of prisoners removed to hospital

      4. 56. Further provisions as to prisoners under sentence

      5. 57. Further provisions as to detained persons

      6. 58. Further provisions as to persons remanded by magistrates' courts

      7. 59. Further provisions as to civil prisoners and persons detained under the Immigration Act 1971

   7. Supplementary

      1. 60. Requirements as to written evidence

      2. 61. Interpretation of Part III

5. PART IV CONSENT TO TREATMENT

   1. 62. Patients to whom the provisions of this Part apply

   2. 63. Treatment requiring consent and a second opinion

   3. 64. Treatment requiring consent or a second opinion

   4. 65. Plans of treatment

   5. 66. Withdrawal of consent

   6. 67. Review of treatment

   7. 68. Urgent treatment

   8. 69. Treatment not requiring consent

6. PART V THE REVIEW TRIBUNAL

   1. Constitution

      1. 70. Constitution of the Review Tribunal

   2. Applications and references concerning Part II patients

      1. 71. Applications to the tribunal under Part II

      2. 72. References of cases of Part II patients to the tribunal

      3. 73. Duty on responsible authorities to refer cases to the tribunal

   3. Applications and references concerning Part III patients

      1. 74. Applications and references to the tribunal concerning patients subject to hospital and guardianship orders, other than restricted patients

      2. 75. Applications to the tribunal concerning restricted patients

      3. 76. References by Secretary of State concerning restricted patients

   4. Discharge of patients

      1. 77. Power to discharge patients other than restricted patients

      2. 78. Power to discharge restricted patients subject to restriction orders

      3. 79. Powers in relation to restricted patients subject to restriction directions

      4. 80. Applications and references concerning conditionally discharged restricted patients

   5. General

      1. 81. Visiting and examination of patients

      2. 82. Applications to the tribunal

      3. 83. Procedure of tribunal

      4. 84. Interpretation of Part V

7. PART VI THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND

   1. 85. Duties of RQIA in relation to mental health

   2. 86. Functions of RQIA

   3. 87. Exercise of functions of RQIA

   4. 88. Financial provisions

   5. 89. Accounts and audit

8. PART VII REGISTRATION OF PRIVATE HOSPITALS

   1. 90. Registration of private hospitals

   2. 91. Application for, and grant of, certificate of registration

   3. 92. Certificates of registration

   4. 93. Control of private hospitals

   5. 94. Cancellation of registration

   6. 95. Application of this Order to private hospitals

   7. 96. Offences under Part VII

9. PART VIII MANAGEMENT OF PROPERTY AND AFFAIRS OF PATIENTS

   1. 97. Jurisdiction of High Court in relation to property and affairs of patients

   2. 98. General powers of the court with respect to property and affairs of patient

   3. 99. Orders, directions, etc of the court as to patient's property and affairs

   4. 100. Supplementary provisions as to wills executed under Article 99

   5. 101. Power to appoint controller

   6. 102. Transfer of stock held in name of mentally disordered person outside Northern Ireland

   7. 103. Preservation of interests in patient's property

   8. 104. The Lord Chief Justice's Visitors

   9. 105. Functions of Visitors

   10. 106. Rules of court

   11. 107. Duty to notify Office of Care and Protection

   12. 108. Procedure for notifications under Article 107

   13. 109. Interpretation of Part VIII

10. PART IX MISCELLANEOUS FUNCTIONS OF DEPARTMENT , THE REGIONAL AGENCY AND HSC TRUSTS

    1. 110. Provision of special accommodation by Department

    2. 111. Code of Practice

    3. 112. General duty of the Regional Agency and HSC trusts

    4. 113. Miscellaneous powers of HSC trusts

    5. 114. Payments to medical practitioners by HSC trusts

    6. 115. Appointment of approved social workers by authorised HSC trusts

    7. 116. Powers of HSC trusts in relation to property of patients

    8. 117. Duty of responsible authorities to inform nearest relative of discharge of patient

    9. 118. Provision of information and affording of facilities to other bodies by Department and HSC trusts

11. PART X OFFENCES

    1. 119. Forgery, false statements, etc.

    2. 120. Unlawful detention of patients

    3. 121. Ill-treatment of patients

    4. 122. Protection of women suffering from severe mental handicap

    5. 123. Protection of patients

    6. 124. Assisting patients to absent themselves without leave

    7. 125. Obstruction

    8. 126. Consent for certain prosecutions

12. PART XI MISCELLANEOUS AND SUPPLEMENTARY

    1. Miscellaneous

       1. 127. Voluntary use of services

       2. 128. Pay, pensions, etc. of patients

       3. 129. Warrant to search for and remove patients

       4. 130. Mentally disordered persons found in public places

       5. 131. Provisions as to custody, conveyance and detention

       6. 132. Retaking of patients escaping from custody

       7. 133. Protection for acts done in pursuance of this Order

       8. 134. Patients removed to or from Northern Ireland

       9. Art. 134A rep. by 1994 NI 2

    2. Supplementary

       1. 135. Regulations and rules

       2. 136. Amendments

       3. 137. Transitional provisions

       4. Art. 138—Repeals

13. SCHEDULES

    1. SCHEDULE 1

       PERSONS BY WHOM A MEDICAL RECOMMENDATION OR MEDICAL REPORT UNDER ARTICLE 12 MAY NOT BE GIVEN

       1. 1. The applicant or a partner of, or person employed as an assistant by, the applicant.

       2. 2. A person who receives, or has an interest in the receipt of, any payments made

       3. 3. The spouse,

       4. 4. A person who is living with the patient as if he or she were the

       5. 5. A person with whom the patient ordinarily resides (or, if the patient is for the

    2. SCHEDULE 2

       APPLICATION OF PART II TO PATIENTS DETAINED OR SUBJECT TO GUARDIANSHIP UNDER PART III

       1. PART I PATIENTS NOT SUBJECT TO SPECIAL RESTRICTIONS

          1. 1. Articles 15, 16, 17, 25, 26, 27, 30, 31, 32, 33, 34, 35 and 38

          2. 2. Articles 12, 13, 14, 22, 23, 24, 28, 29, 36 and 37 shall apply in

          3. 3. In Article 12—

          4. 4. In Article 13—

          5. 5. In Article 14 there shall be omitted—

          6. 6. In Article 22—

          7. 7. In Article 23—

          8. 8. In Article 24 there shall be omitted—

          9. 9. In Article 28— (a) in paragraph (2) for the words...

          10. 10. In Article 29 paragraph (4) shall be omitted.

          11. 11. In Article 36(3) sub-paragraphs (c) and (d) shall be omitted.

          12. 12. In Article 37(4) for sub-paragraphs (a) and (b) there shall be substituted the words

       2. PART II PATIENTS SUBJECT TO SPECIAL RESTRICTIONS

          1. 1. Articles 16, 17, 27, 32, 33, 35 and 38 shall apply in relation to the

          2. 2. Articles 12(4), 15, 28, 29, 34, 36 and 37 shall apply in relation to the

          3. 3. In Article 12(4) for the words from “report furnished” to the end there shall be

          4. 4. In Article 15—

          5. 5. In Article 28—

          6. 6. In Article 29 paragraphs (2) and (3) and (4) and the words “subject to paragraphs

          7. 7. In Article 34 paragraph (3) shall be omitted.

          8. 8. In Article 36(3) sub-paragraphs (c) and (d) shall be omitted.

          9. 9. In Article 37(4) for sub-paragraphs (a) and (b) there shall be substituted the words

    3. SCHEDULE 2A

       SUPERVISION AND TREATMENT ORDERS

       1. PART I PRELIMINARY

          1. 1. In this Schedule “supervision and treatment order” means an order requiring the person in respect

       2. PART II MAKING AND EFFECT OF ORDERS

          1. Circumstances in which orders may be made

             1. 2. The court shall not make a supervision and treatment order unless it is satisfied—

          2. Making of orders and general requirements

             1. 3. (1) A supervision and treatment order shall either—

          3. Obligatory requirements as to medical treatment

             1. 4. A supervision and treatment order shall include a requirement that the supervised person shall submit,

          4. Optional requirements as to residence

             1. 5. Subject to sub-paragraphs (2) and (3), a supervision and treatment order may include requirements as

       3. PART III REVOCATION AND AMENDMENT OF ORDERS

          1. Revocation of order in interests of health or welfare

             1. 6. Where a supervision and treatment order is in force in respect of any person and,

          2. Amendment of order by reason of change of residence.

             1. 7. This paragraph applies where—

          3. Amendment of requirements of order

             1. 8. Without prejudice to the provisions of paragraph 7, but subject to sub-paragraph (2), a court

          4. Amendment of requirements in pursuance of medical report

             1. 9. Where the medical practitioner by whom or under whose direction the supervised person is being

          5. Supplemental

             1. 10. On the making under paragraph 6 of an order revoking a supervision and treatment order,

             2. 11. On the making under paragraph 7 or 8 of an order amending a supervision and

    4. SCHEDULE 3

       THE REVIEW TRIBUNAL

       1. 1. The Review Tribunal shall consist of—

       2. 1A. The Lord Chief Justice may nominate any of the following to exercise his functions under

       4. 2. The members of the Review Tribunal shall hold and vacate office under the terms of

       5. 3. One of the legal members of the Review Tribunal shall be appointed by the

       6. 4. Subject to sub-paragraph (2)

       7. 5. The chairman of the Review Tribunal shall appoint the members who are to constitute the

       8. 6. Subject to any rules made by the Lord Chancellor under Article 83(4), where the chairman

       9. 7. In any proceedings which are to be heard and determined by the Review Tribunal constituted

    5. SCHEDULE 4

       1. Status

          1. 1. The Commission shall be a body corporate to which, subject to the provisions of this

       2. Membership

          1. 2. The Commission shall consist of—

       3. Tenure of office

          1. 3. Every member of the Commission—

       4. Remuneration

          1. 4. The Commission may—

       5. Disqualification of members of Commission for Northern Ireland Assembly

          1. 5. In Part II of Schedule 1 to the

       6. Proceedings

          1. 6. Subject to the provisions of this Schedule, the meetings and proceedings of the Commission, and

       7. Staff and accommodation

          1. 7. The Commission may—

       8. Reports

          1. 8. The Commission shall publish a report on its activities in such form and at such

       9. The seal

          1. 9. The application of the seal of the Commission shall be authenticated by the signature of

       10. Execution of contracts and instruments not under seal

           1. 10. Any contract or instrument which, if entered into or executed by an individual, would not

       11. Para. 11 rep. by 1996

           1. Para. 11 rep. by 1996

    6. Schedule 5—Amendments

    7. SCHEDULE 6

       TRANSITIONAL PROVISIONS

       1. 1. Where, apart from this paragraph, anything done under or for the purposes of any statutory

       2. 2. Where any period of time specified in any statutory provision repealed by this Order is

       3. 3. This paragraph applies where immediately before the appointed day an application for the admission of

       4. 4. This paragraph applies where immediately before the appointed day a patient is detained in hospital

       5. 5. This paragraph applies where immediately before the appointed day a patient is detained in hospital

       6. 6. This paragraph applies where immediately before the appointed day a patient is detained in hospital

       7. 7. This paragraph applies where immediately before the appointed day a patient is detained in hospital

       8. 8. This paragraph applies where immediately before the appointed day a patient is detained in hospital

       9. 9. Where on the appointed day a person who has not attained the age of 16

       10. 10. This paragraph applies where immediately before the appointed day a patient is subject to guardianship

       11. 11. Sections 20 and 22(5) of the 1961 Act shall continue to apply in relation to

       12. 12. In the case of a patient who is detained or subject to guardianship on the

       13. 13. Where at any time before the appointed day an application to the Review Tribunal has

       14. 14. Subject to sub-paragraphs (2) and (3), this Order applies to a patient who immediately before

       15. 15. Paragraph (3) of Article 64 shall not apply to any treatment given to a patient

       16. 16. A patient—

       17. 17. Article 73 applies only in relation to a renewal of authority for detention after the

       18. 18. Any reference to the Review Tribunal under section 54(6) of the 1961 Act in respect

       19. 19. . . . . . . . . . . . . . . .

       20. 20. The responsible Board shall as soon as practicable after the appointed day send to

       21. 21. Where immediately before the appointed day any person's estate was subject to the jurisdiction of

       22. 22. Any order or appointment made, direction or authority given, or thing done under the

       23. 23. Any person who immediately before the appointed day was the committee of the estate of

       24. 24. Any person who immediately before the appointed day was the committee of the person in

       25. 25. Article 103(1) shall apply in relation to any disposal of property (within the meaning of

       26. 26. Until the coming into operation of Article 115 for references in this Order and any

       27. 27. References to applications, recommendations, reports and other documents in Article 119 shall include those to

       28. 28. References in Article 133 to the acts to which that Article applies shall include those

       29. 29. Article 134(5) shall not apply in relation to a patient removed from Northern Ireland before

       30. 30. The chairman, deputy chairman and other members of the Review Tribunal appointed under Schedule 3

       31. Para. 31 rep. by 1987

       32. Para. 31 rep. by 1987

       33. 32. The Department may by order subject to negative resolution make such other transitional provision as

       34. 33. In this Schedule—

    8. Schedule 7—Repeals