Statutory Instruments
2018 No. 1360
Mental Health, Northern Ireland
The Mental Health (Northern Ireland) (Amendment) Order 2018
Made
12th December 2018
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 12th day of December 2018
Present,
The Queen’s Most Excellent Majesty in Council
A draft of this Order has been laid before Parliament in accordance with section 84(4) of the Northern Ireland Act 1998( 1 ) and has been approved by a resolution of each House of Parliament.
Her Majesty, in exercise of the powers conferred on Her by section 84(2)(a) of the Northern Ireland Act 1998, is pleased, by and with the advice of Her Privy Council, to order as follows:
1. This Order may be cited as the Mental Health (Northern Ireland) (Amendment) Order 2018 and comes into force on the day after the day on which it is made.
2. —(1)Article 77 (power to discharge patients other than restricted patients) of the Mental Health (Northern Ireland) Order 1986( 2 ) 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. ” ( 3 ).
(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.
Richard Tilbrook
Clerk of the Privy Council
S.I. 1986/595 (N.I. 4) ; Article 77(1) was substituted by Article 3 of S.I. 2004/1272 (N.I. 8) .
Article 9 was amended by sections 32 and 34(3) of, and paragraph 8(1) of Schedule 6 to, the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1) (N.I.) and Article 7(1) of, and Schedule 1 to, S.I. 1994/429 (N.I. 2) .