Interpretation2

• “absent without leave” has the meaning assigned to it by Article 29(5);

• F9“the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016;

• “application for assessment” has the meaning assigned to it by Article 4(1);

• “the applicant”, in relation to an application for assessment, has the meaning assigned to it by Article 5(1) and, in relation to a guardianship application, has the meaning assigned to it by Article 19(1);

• F1“approved social worker” means an officer of F12... an authorised F2HSC trust appointed to act as an approved social worker for the purposes of this Order;

• F9“best interests”: any determination of what would be in the best interests of a patient who is under 16 is to be made in accordance with Article 3B;

• F13...

• F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “date of admission” has the meaning assigned to it by Article 9(3);

• “the Department” means the Department of Health and Social Services;

• “detained for treatment” has the meaning assigned to it by Article 12(5);

• “guardianship application” has the meaning assigned to it by Article 18(1);

• F1“hospital”, subject to paragraph (2A), means any hospital, institution or special accommodation vested in the Department or in an authorised F2HSC trust;

• “hospital order” and “guardianship order” have the meanings respectively assigned by Article 44(1)(a) and (b);

• Definition rep. by 1992 NI 20

• F1“ F2HSC trust” means a F4Health and Social Care trustestablished under the Health and Personal Social Services (Northern Ireland) Order 1991 and “authorised F2HSC trust” shall be construed in accordance with paragraph (2B);

• F9“independent advocate” has the same meaning as in Article 3C;

• “interim hospital order” has the meaning assigned to it by Article 45(1);

• “medical practitioner” means a fully registered person within the meaning of the [1983 c. 54] Medical Act 1983;

• “medical treatment” includes nursing, and also includes care and training under medical supervision;

• “nearest relative”, in relation to a patient, has the meaning assigned to it in Part II;

• “nursing home” has the meaning assigned to it byF5 Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “patient” (except in Part VIII) means a person suffering or appearing to be suffering from mental disorder;

• “prescribed” means prescribed by regulations;

• “private hospital” has the meaning assigned to it by Article 90(2);

• F6“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;

• “regulations” means regulations made by the Department;

• F5“residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• F1“responsible authority” means—

  1. a

     F14 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, the authorised HSC trust in which the hospital is vested;

  2. b

     in relation to a patient who is the subject of a guardianship application or is subject to guardianship under this Order, the authorised HSC trust in whose area the patient resides.

• “responsible medical officer” means—

  1. a

     in relation to a patient liable to be detained in hospital under this Order, the medical practitioner appointed for the purposes of Part II by F7RQIA who is in charge of the assessment or treatment of the patient;

  2. b

     in relation to a patient subject to guardianship under this Order, any medical practitioner appointed for the purposes of Part II by F7RQIA who may be authorised to act (either generally or in any particular case or class of case or for any particular purpose) as the responsible medical officer by the responsibleF1 authority;

  3. c

     in relation to any other patient, the medical practitioner appointed for the purposes of Part II by F7RQIA who is in charge of the treatment of the patient;

• “restriction direction” has the meaning assigned to it by Article 55(2);

• “restriction order” has the meaning assigned to it by Article 47(1);

• “the Review Tribunal” means F10the Review Tribunal constituted under Article 70 ;

• “statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954;

• “special accommodation” has the meaning assigned to it by Article 110;

• “transfer direction” has the meaning assigned to it by Article 53(2).