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The Mental Health (Northern Ireland) Order 1986
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The Mental Health (Northern Ireland) Order 1986, Section 73 is up to date with all changes known to be in force on or before 09 November 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 73:
- art. 73(1) words repealed by 2016 c. 18 (N.I.) Sch. 8 para. 42(2)(a) Sch. 11
- art. 73(1) words repealed by 2016 c. 18 (N.I.) Sch. 8 para. 42(2)(b) Sch. 11
- art. 73(1) words substituted by 2016 c. 18 (N.I.) Sch. 8 para. 42(2)(c)
- art. 73(3) word substituted by 2016 c. 18 (N.I.) Sch. 8 para. 42(3)
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- Sch. 5 Pt. 2 repealed in part by S.I. 2003/435 (N.I.) Sch. 5 (text not available on Legislation.gov.uk)
- 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)
Duty on [F1responsible authorities] to refer cases to the tribunalN.I.
73.—(1) If the authority for the detention of a patient in a hospital or his guardianship under Part II is renewed under Article 13 or 23 and a period of 2 years (or, if the patient has not attained the age of 16 years, one year) has elapsed since his case was last considered by the Review Tribunal, whether on his own application or otherwise, the responsible[F2 authority] shall refer his case to the tribunal.
(2) For the purpose of furnishing information for the purposes of any reference under this Article, any medical practitioner authorised by or on behalf of the patient may at any reasonable time visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital.
(3) The Department may by order vary the length of the periods mentioned in paragraph (1).
F1Words in art. 73 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 85; S.R. 2022/102, art. 2(b)
Modifications etc. (not altering text)
C1Art. 73 applied (with modifications) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2012 (S.R. 2012/403), regs., 1 3(5)(c)(i)4
C2Art. 73 applied (with modifications.) (31.3.2013) by Mental Health (Private Hospitals) Regulations (Northern Ireland) 2013 (S.R. 2013/22), regs. 1, 3(5)(c), 4
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