Disabled Persons (Northern Ireland) Act 1989

Prospective

7 Persons discharged from hospital accommodation.N.I.

[F1(1)Where a person is to be discharged from hospital accommodation after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the managers of the hospital accommodation shall, as soon as is reasonably practicable after that date is known to them, give written notification of that date to the Board in whose area it appears to the managers that the person is likely to reside after his discharge (unless the managers are that Board).]

(2)Where—

(a)a person liable to be detained under the Mental Health Order is discharged from hospital accommodation in pursuance of an order for his immediate discharge made by the Mental Health Review Tribunal for Northern Ireland, and

(b)he is so discharged after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date of his discharge,

[F2the managers of the hospital accommodation shall, as soon as is reasonably practicable, give written notification of that person’s discharge in accordance with subsection (1).].

[F3(2A)Where—

(a)a Board receives a notification given under subsection (1) or (2) with respect to a person who is under the age of 19 on the date on which he is to be, or is, discharged; or

(b)the managers of hospital accommodation from which such a person is to be, or is, discharged as mentioned in subsection (1) or (2) are the Board referred to in subsection (1),

that Board shall, as soon as is reasonable practicable, give written notification of the date on which that person is to be, or is, discharged to the education and library board in whose area it appears to the Board that that person is likely to reside after his discharge.]

[F4(3)Where—

(a)a Board receives a notification given with respect to a person under subsection (1) or (2), or

(b)the managers of hospital accommodation from which a person is to be, or is, discharged as mentioned in subsection (1) or (2) are the Board referred to in subsection (1),

that Board shall, subject to subsection (7), make arrangements for an assessment of the needs of that person with respect to the provision of—

(i)any health services, or

(ii)any personal social services.

(4)In making any arrangements under subsection (3) a Board falling within paragraph (a) of that subsection shall consult the managers of the hospital accommodation in question.]

(5)Any assessment for which arrangements are required to be made by subsection (3) or (4) shall be carried out—

(a)where the person is to be discharged as described in subsection (1), not later than the date mentioned in that subsection, or

(b)where the person is discharged as described in subsection (2), as soon as is reasonably practicable after the date of his discharge.

(6)A Board shall not be required to make arrangements for an assessment of the needs of a person by virtue of subsection (3) or (4) if that person has requested it not to make any such arrangements.

(7)Nothing in this section shall apply in relation to a person who is being discharged from any hospital accommodation for the purpose of being transferred to other hospital accommodation in which he will be an in-patient (whether or not he will be receiving medical treatment for mental disorder); but any reference in subsection (1) or (2) to a person’s having received medical treatment for mental disorder as an in-patient for the period mentioned in that subsection is a reference to his having received such treatment for that period whether or not he received the treatment at the same hospital accommodation throughout that period and disregarding any interruption of that period attributable to his being transferred to other hospital accommodation.

(8)In this section—

“medical treatment” has the meaning given by Article 2(2) of the Mental Health Order;

[F5“the managers”—

(a)in relation to hospital accommodation vested in an HSS trust, means the directors of that trust;

(b)in relation to hospital accommodation vested in the Department, means the Board which administers that accommodation.]

Textual Amendments

F2Words in s. 7(2) substituted (15. 4. 1991) by S.I. 1991/194, arts. 1(2), 34, Sch. 5 Pt.II; S.R. 1991/131, art. 2, Sch. Pt.I

F5Words in s. 7(8) substituted (15. 4. 1991) by S.I. 1991/194, arts. 1(2), 34, Sch. 5 Pt.II; S.R. 1991/131, art. 2, Sch. Pt.I

7 Persons discharged from hospital accommodation.N.I.

(1)When a person is to be discharged from hospital accommodation after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the responsible Board shall give written notification of that date—

(a)if it appears to the Board that that person is likely to reside after his discharge in the area of another Board, to that Board, and

(b)in the case of a person under 19 on that date, to the education and library board in whose area it appears to the Board that that person is likely to reside after his discharge,

as soon as is reasonably practicable after that date is known to the responsible Board.

(2)Where—

(a)a person liable to be detained under the Mental Health Order is discharged from hospital accommodation in pursuance of an order for his immediate discharge made by the Mental Health Review Tribunal for Northern Ireland, and

(b)he is so discharged after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date of his discharge,

the responsible Board shall give written notification of that person’s discharge in accordance with paragraphs (a) and (b) of subsection (1) as soon as is reasonably practicable.

(3)Where a person is to be or is discharged as described in subsection (1) or (2), the responsible Board (subject to subsections (4) to (7)) shall make arrangements for an assessment of the needs of that person with respect to the provision of—

(a)any health services, or

(b)any personal social services.

(4)Where a Board receives a notification under subsection (1) or (2) it shall make the arrangements required by subsection (3) in consultation with the responsible Board.

(5)Any assessment for which arrangements are required to be made by subsection (3) or (4) shall be carried out—

(a)where the person is to be discharged as described in subsection (1), not later than the date mentioned in that subsection, or

(b)where the person is discharged as described in subsection (2), as soon as is reasonably practicable after the date of his discharge.

(6)A Board shall not be required to make arrangements for an assessment of the needs of a person by virtue of subsection (3) or (4) if that person has requested it not to make any such arrangements.

(7)Nothing in this section shall apply in relation to a person who is being discharged from any hospital accommodation for the purpose of being transferred to other hospital accommodation in which he will be an in-patient (whether or not he will be receiving medical treatment for mental disorder); but any reference in subsection (1) or (2) to a person’s having received medical treatment for mental disorder as an in-patient for the period mentioned in that subsection is a reference to his having received such treatment for that period whether or not he received the treatment at the same hospital accommodation throughout that period and disregarding any interruption of that period attributable to his being transferred to other hospital accommodation.

(8)In this section—

  • “medical treatment” has the meaning given by Article 2(2) of the Mental Health Order;

  • “responsible Board” means the Board which administers the hospital accommodation