SCHEDULES

Section 10

SCHEDULE 10 N.I. Mental health: Northern Ireland

[F1 PART 1 N.I. Introductory provision etc

Textual Amendments

F1 Sch. 10 Pt. 1 suspended in part (10.5.2021) by The Coronavirus Act 2020 (Suspension) Order (Northern Ireland) 2021 (S.R. 2021/98), arts. 1(1), 2 (with art. 3, Sch.)

Interpretation N.I.

1 (1) In this Schedule— N.I.

• “the 1986 Order” means the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

• “the 1986 Regulations” means the Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986 (S.R. (N.I.) 1986 No. 174);

• “the Department of Health” means the Department of Health in Northern Ireland;

• an “RQIA practitioner” means a medical practitioner appointed for the purposes of Part 2 of the 1986 Order by RQIA.

(2) In this Schedule—

(a) references to Articles are to Articles of the 1986 Order;

(b) references to Forms are to the Forms set out in the Schedule to the 1986 Regulations.

(3) Expressions used in this Schedule and in the 1986 Order have the meaning given in that Order.

Commencement Information

I1 Sch. 10 para. 1 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

Prescribed forms N.I.

2 N.I. Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a) may, in connection with the provision as so modified, be used with appropriate amendments;

(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.]

Commencement Information

I2 Sch. 10 para. 2 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

F2 PART 2 N.I. Modifications of the Mental Health (Northern Ireland) Order 1986

Textual Amendments

F2 Sch. 10 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F2 Applications for compulsory admission to hospital for assessment N.I.

F2 3 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Medical recommendation N.I.

F2 4 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Applications for compulsory admission for assessment in respect of patients already in hospital N.I.

F2 5 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 The assessment period N.I.

F2 6 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Rectification of applications, recommendations and reports N.I.

F2 7 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Detention for treatment N.I.

F2 8 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Periods of remand to hospital N.I.

F2 9 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Required medical evidence for remand to hospital, hospital or guardianship order, interim hospital order, determinations of question of fitness to be tried or finding of not guilty on ground of insanity N.I.

F2 10 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Required medical evidence for hospital order in respect of certain other detained persons in their absence N.I.

F2 11 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Directions for the transfer of prisoners etc to hospital N.I.

F2 12 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Conveyance of accused or convicted persons to hospital N.I.

F2 13 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Designation of, and admission of persons to, different hospitals in pursuance of hospital orders N.I.

F2 14 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Code of practice N.I.

F2 15 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 N.I. Transitional provision

16 N.I. Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

Commencement Information

I3 Sch. 10 para. 16 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

17 N.I. Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

Commencement Information

I4 Sch. 10 para. 17 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

18 (1) Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2). N.I.

(2) The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before—

(a) the end of the period specified in Article 42(9)(c) or Article 46(2) or (3), without the modification made by the provision concerned, or

(b) the end of the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends,

whichever is later.

Commencement Information

I5 Sch. 10 para. 18 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

PART 4 N.I. Review of operation of certain provisions of this Schedule

19 (1) Each HSC trust must maintain a record of each instance where— N.I.

(a) an application for assessment is made in reliance on paragraph 3,

(b) a patient was detained for assessment in reliance on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), and

(c) a report is furnished in reliance on paragraph 8.

(2) The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance—

(a) by the relevant social worker on paragraph 3,

(b) by the medical practitioner on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), or

(c) by the relevant medical practitioner on paragraph 8,

was appropriate.

(3) The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.

Commencement Information

I6 Sch. 10 para. 19 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)