The Mental Health (Northern Ireland) Order 1986

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Mental Health (Northern Ireland) Order 1986.

(2) This Order shall come into operation on such day or days as the Head of the Department may by order appointF1 .

(3) An order under paragraph (2) may also appoint a day for the coming into operation of any provision of the [S.I. 1986/596] Mental Health (Northern Ireland Consequential Amendments) Order 1986 which appears to the Head of the Department to be consequential on any provision of this Order brought into operation by the order.

F1 partly exercised by SR 1986/107, 330; 1988/216; 1990/161

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

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

• “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);

• [F2 “approved social worker” means an officer of a Board or an authorised HSS trust appointed to act as an approved social worker for the purposes of this Order;]

• “Board” means a Health and Social Services Board established under Article 16 of the [1972 NI 14] Health and Personal Social Services (Northern Ireland) Order 1972;

• “the Commission” means the Mental Health Commission for Northern Ireland;

• “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);

• [F2 “hospital”, subject to paragraph (2A), means any hospital, institution or special accommodation vested in the Department or in an authorised HSS trust;]

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

• Definition rep. by 1992 NI 20

• [F2 “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 and “authorised HSS trust” shall be construed in accordance with paragraph (2B);]

• “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 by[F3 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);

• “regulations” means regulations made by the Department;

• [F3 “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;]

• [F2 “responsible authority” means—

  (a)

  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—

  (i)

  where the hospital is vested in an authorised HSS trust, that trust;

  (ii)

  in any other case, the Board managing that hospital;

  (b)

  in relation to a patient who is the subject of a guardianship application or is subject to guardianship under this Order—

  (i)

  where that patient resides in the area of an authorised HSS trust, that trust;

  (ii)

  in any other case, the Board for the area in which that patient resides;]

• “responsible medical officer” means—

  (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 the Commission who is in charge of the assessment or treatment of the patient;

  (b)

  in relation to a patient subject to guardianship under this Order, any medical practitioner appointed for the purposes of Part II by the Commission 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 responsible[F2 authority];

  (c)

  in relation to any other patient, the medical practitioner appointed for the purposes of Part II by the Commission 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 the Mental Health Review Tribunal for Northern Ireland;

• “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).

[F2 (2A) In Articles 7A,[F4 29,] 107(1B), 113, 116, 121, 123(1) and 129(7) “hospital” includes any hospital or institution vested in an HSS trust other than an authorised HSS trust.

(2B) A reference in any provision of this Order to an “authorised HSS trust” is a reference to an HSS trust by which functions under that provision are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.

(2C) A reference in this Order to the area of an authorised HSS trust is a reference to the operational area of that trust as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972.]

(3) In relation to a person who is liable to be detained or subject to guardianship by virtue of an order or direction under Part III, any reference in this Order to any provision contained in Part II or in Article 71, 72 or 73 shall be construed as a reference to that provision as it applies to that person by virtue of Part III or Article 74(1).

(4) In determining for the purposes of this Order whether the failure to detain a patient or the discharge of a patient would create a substantial likelihood of serious physical harm—

(a) to himself, regard shall be had only to evidence—

(i) that the patient has inflicted, or threatened or attempted to inflict, serious physical harm on himself; or

(ii) that the patient's judgment is so affected that he is, or would soon be, unable to protect himself against serious physical harm and that reasonable provision for his protection is not available in the community;

(b) to other persons, regard shall be had only to evidence—

(i) that the patient has behaved violently towards other persons; or

(ii) that the patient has so behaved himself that other persons were placed in reasonable fear of serious physical harm to themselves.

F2 1994 NI 2

F3 2003 NI 9

F4 SR 1994/66

Definition of “mental disorder” and related expressions N.I.

3.—(1) In this Order—

• “mental disorder” means mental illness, mental handicap and any other disorder or disability of mind;

• “mental illness” means a state of mind which affects a person's thinking, perceiving, emotion or judgment to the extent that he requires care or medical treatment in his own interests or the interests of other persons;

• “mental handicap” means a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;

• “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning;

• “severe mental impairment” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.

(2) No person shall be treated under this Order as suffering from mental disorder, or from any form of mental disorder, by reason only of personality disorder, promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.