SCHEDULES

Section 10

SCHEDULE 10N.I.Mental health: Northern Ireland

[F1PART 1N.I.Introductory provision etc

Textual Amendments

InterpretationN.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

I1Sch. 10 para. 1 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

Prescribed formsN.I.

2N.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

I2Sch. 10 para. 2 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

F2PART 2N.I.Modifications of the Mental Health (Northern Ireland) Order 1986

Textual Amendments

F2Sch. 10 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F2Applications for compulsory admission to hospital for assessmentN.I.

F23N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Medical recommendationN.I.

F24N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Applications for compulsory admission for assessment in respect of patients already in hospitalN.I.

F25N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2The assessment periodN.I.

F26N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Rectification of applications, recommendations and reportsN.I.

F27N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Detention for treatmentN.I.

F28N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Periods of remand to hospitalN.I.

F29N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Required 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 insanityN.I.

F210N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Required medical evidence for hospital order in respect of certain other detained persons in their absenceN.I.

F211N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Directions for the transfer of prisoners etc to hospitalN.I.

F212N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Conveyance of accused or convicted persons to hospitalN.I.

F213N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Designation of, and admission of persons to, different hospitals in pursuance of hospital ordersN.I.

F214N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Code of practiceN.I.

F215N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3N.I.Transitional provision

16N.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

17N.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

I4Sch. 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

I5Sch. 10 para. 18 in force at 2.4.2020 by S.R. 2020/58, art. 2(c)

PART 4N.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