2
1
Article 77 (power to discharge patients other than restricted patients) of the Mental Health (Northern Ireland) Order 19862 is amended as follows.
2
In paragraph (1)—
a
in sub-paragraph (a), at the beginning insert “(except in relation to detention for assessment),”;
b
after sub-paragraph (a), insert—
aa
in relation to detention for assessment, the tribunal is not satisfied that the patient is then suffering from mental disorder of a nature or degree which warrants the patient’s detention in a hospital for assessment (or for assessment followed by medical treatment); or
3
After paragraph (1), insert—
1A
In paragraph (1) “detention for assessment” means detention by virtue of any report under Article 9.
4
The amendments made by this article have effect in relation to an application or a reference to which Article 77(1) of the Mental Health (Northern Ireland) Order 1986 applies where the application or reference is made after this article comes into force.