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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - LONG TITLE An Act to repeal the Mental Health Act (Northern Ireland), 1948, and to make fresh provision with respect to persons suffering from mental disorder; to amend the criminal law with respect to those persons; and for purposes connected with those matters. [19th December 1961] PART I MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 1 1.(1) It shall be the duty of [the Ministry of Health and Social Services (in this Act referred to as "the Ministry")], subject to the provisions of this Act, [the Health and Personal Social Services (Northern Ireland) Order 1972 and regulations made under this Act and that Order,] to provide or secure the provision of services designed to improve and maintain the mental health of the people of Northern Ireland and for that purpose (a)to take such steps as may be necessary or expedient for the prevention, diagnosis and treatment of mental disorder; (b)to make provision for the care, supervision, training and occupation of persons suffering from mental disorder; Para.(c) rep. by 1969 c.36 (NI) s.48 sch.3; 1972 NI14 art.109(3) sch.18; paras.(d)(e) rep. by 1967 c.9 (NI) s.18 sch.2 (f)to furnish to the Lord Chief Justice, the Mental Health Review Tribunal for Northern Ireland (in this Act referred to as "the Review Tribunal") and [the Office of Care and Protection] such returns, reports and other information in relation to mentally disordered persons <[(i)as the High Court may require for the exercise of its jurisdiction under section 28 of the Judicature (Northern Ireland) Act 1978;] or (ii)as the Review Tribunal may require for the exercise of their functions under this Act; or <(iii)as [the said Office] may require for the exercise of their functions with respect to the estates of persons incapable of managing their affairs. (2) Nothing in sub-section (1) shall be construed as prejudicing the functions of [the Ministry] under the Health [and Personal Social Services (Northern Ireland) Order 1972]. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 2 General powers of Health and Social Services Boards under this Act. 2.Subs.(1) rep. by 1972 NI 14 art.109(3) sch.18 (2) . . . [A Health and Social Services Board may (a)provide], to such extent as may be prescribed or approved by the Ministry, financial assistance for any person absent from a hospital in pursuance of leave of absence granted under the provisions of this Act, where the needs of that person are such that,..., such assistance is necessary to give full effect to his treatment or to provide for his settlement or re-settlement in the community; (b)..., contribute, to such extent as may be prescribed or approved by the Ministry, towards the maintenance of persons who are under supervision or guardianship under the provisions of this Act; (c)subject to the approval of the Ministry, and in consultation with... the Ministry of Commerce, provide, or co-operate in the provision of, suitable employment for persons suffering from mental disorder; (d)provide, or co-operate in the provision of, suitable training or occupation, whether in premises provided by [the Department] or elsewhere, for persons who are under supervision or guardianship under the provisions of this Act; (e)make arrangements for the ascertainment and supervision of persons requiring special care; and (f)subject to the approval of the Ministry, do any other thing designed to promote mental health, to secure the prevention of mental disorder, and to promote the treatment, welfare and care of persons suffering from mental disorder. S.3 rep. by 1972 NI 14 art.109(3) sch.18. S.4 rep. by 1969 c.36 (NI) s.48 sch.3; 1972 NI14 art.109(3) sch.18. S.5 rep. by 1972 NI14 art.109(3) sch.18 MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 6 Informal use of services. 6.(1) Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or private hospital, or from making use of any of the services provided under this Act for persons requiring special care, in pursuance of arrangements made in that behalf and without any notice, application, order or direction rendering him liable to be detained or so treated under this Act, or from remaining in any hospital or private hospital or being treated as such a person in pursuance of such arrangements after he has ceased to be liable to be so detained or treated. (2) Where an infant who has attained the age of sixteen years is capable of expressing his own wishes, any such arrangements as are mentioned in sub-section (1) may be made, carried out and determined notwithstanding any right of custody or control vested by law in his parent or guardian. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 7 Definition and classification of mental disorder. 7.(1) In this Act "mental disorder" means mental illness, arrested or incomplete development of mind and any other disorder or disability of mind. (2) In this Act "person requiring special care" means a person suffering from arrested or incomplete development of mind (whether arising from inherent causes or induced by disease or injury) which renders him socially inefficient to such an extent that he requires supervision, training or control in his own interests or in the interests of other persons. (3) A person shall be deemed to be socially inefficient within the meaning of sub-section (2) if (a)he is incapable of guarding himself against common physical dangers; (b)he is incapable of managing himself or his affairs, or being a child, of being taught to do so; (c)being a child, he is the subject of a decision recorded under section fifty-three of the Education Act (Northern Ireland), 1947, to the effect that he has been found unsuitable for education at school; or (d)he is in need of care for the protection of other persons. Notification of persons requiring special care. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 8 8.(1) Where it appears (a)to any medical practitioner who has examined a person; or (b)to a [Health and Social Services Board] with respect to any person; [(i)where the person has attained the age of two years but has not attained the upper limit of compulsory school age, the medical practitioner or, as the case may be, that Board shall forthwith notify the Education and Library Board for the area in which the person is ordinarily resident, (ii)in any other case (aa)the medical practitioner shall notify, in the prescribed form, that Board; (bb)that Board shall proceed under section 9 to ascertain if the person requires special care.] (2) Where [an Education and Library Board or a Health and Social Services Board receives a notification under subsection (1), it] shall (a)where the person referred to in the notification is under the [upper limit of compulsory school age], notify his nearest relative; (b)where the person referred to in the notification has attained the [upper limit of compulsory school age], notify that person and his nearest relative. [(3) In this section "Education and Library Board" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1972.] MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 9 Medical examination of persons requiring special care. 9.(1) Where (a)a [Health and Social Services Board] receive a notification under section eight of this Act or section thirty-two or section fifty-three of the Education Act (Northern Ireland), 1947; and (b)the person referred to in the notification has not, after the date of that notification, been examined by a medical practitioner appointed for the purposes of section nineteen..., and that person has not taken any steps to be so examined or, where he is under the [upper limit of compulsory school age], his nearest relative has not taken any steps to ensure that he is so examined; (2) Where it appears to a [Health and Social Services Board] that a person who is ordinarily resident within their area is a person requiring special care, and that person has not been examined by a medical practitioner appointed for the purposes of section nineteen, the [Board] may by notice in writing served on that person (or, where he is under the [upper limit of compulsory school age], on his nearest relative) require him to submit himself (or, as the case may be, require his nearest relative to submit him) for examination by such a practitioner. (3) A notice under sub-section (1) or sub-section (2) shall state the time and place at which the examination will be held. (4) A nearest relative upon whom a notice is served under sub-section (1) or sub-section (2) shall, if he so desires, be entitled, subject to regulations made under this Act, to be present at any medical examination carried out pursuant to that sub-section. (5) Any person who, without reasonable excuse, fails to comply with the requirements of a notice served on him under sub-section (1) or sub-section (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding ten pounds. Power to compel attendance at training centres. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 10 10.(1) Where it appears to the [Health and Social Services Board] to be appropriate that a child of compulsory school age who is the subject of a notification under section eight should receive training at a centre provided or approved for the purpose by [the Ministry], they may give notice in writing to the parent of the child requiring him to cause the child to attend, either by the day or, if the notice so directs, as a resident, at such centre, being a centre provided or approved as aforesaid, as may be specified in the notice, at such times or for such periods as may be so specified. (2) Before giving a notice under this section, the [Health and Social Services Board] shall satisfy themselves that the child is not receiving adequate training comparable with the training which he would receive at the centre; and if any person to whom such a notice is given is aggrieved by the notice on the ground that the child is receiving such training, he may require the [Health and Social Services Board] to refer the question to the Review Tribunal, and the tribunal may either confirm the notice or direct that it be amended or withdrawn. (3) Subject to sub-section (2), if any person fails to comply with a notice given to him under sub-section (1), he shall, unless the child is receiving adequate training comparable with the training which he would receive at the centre, be guilty of an offence and shall be liable on summary conviction, where it is a first offence to a fine not exceeding one pound, where it is a second offence to a fine not exceeding five pounds, and where it is a third or subsequent offence to a fine not exceeding ten pounds or to imprisonment for a term not exceeding one month, or to both. (4) It shall be the duty of [the Ministry] to institute proceedings for an offence under this section whenever, in their opinion, such an offence has been committed, and such proceedings shall not be instituted except by or on behalf of [the Ministry] or the Attorney General. [(5) For the purposes of this section "parent" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1972.] MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 11 Exemptions in respect of s.10. 11.(1) A person shall not be guilty of an offence under sub-section (3) of section ten if his failure to comply with a notice given to him under sub-section (1) of that section was due to a reasonable cause within the meaning of this section. (2) For the purposes of this section any of the following shall be held to be a reasonable cause, that is to say (a)the child has been prevented by sickness from attending the centre named in the notice to which the charge relates; (b)the child has not attended the centre on any day exclusively set apart for religious observance by the religious body to which the person to whom notice has been given belongs; (c)it is not reasonably practicable for the child to make his own way, or to be taken by or on behalf of the person to whom notice has been given, to and from the centre, and suitable arrangements have not been made by the [Health and Social Services Board] either for his transport to and from the centre or for residential accommodation for him at or near the centre; (d)the child has not a fixed abode, and the person to whom notice has been given is engaged in a trade or business of such a nature as to require him to travel from place to place, and the child has attended at the centre as regularly as the nature of the trade or business of that person permits; (e)there are other circumstances which in the opinion of the [Ministry] or the court afford a reasonable excuse. S.11A rep. by 1972 NI 14 art.109(3) sch.18 Admission to hospital. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 12 12.(1) A patient may be admitted to a hospital, and there detained for the period allowed by this section, in pursuance of an application (in this Act referred to as "an application for admission") made in accordance with sub-sections (2) and (3). (2) An application for admission may be made in respect of a patient on the grounds (a)that he is suffering from mental illness or that he requires special care; and (b)that the mental disorder from which he is suffering is of a nature or degree which warrants his detention in hospital; and (c)that it is necessary that he should be so detained in the interests of his own health or safety or for the protection of other persons. (3) An application for admission shall be founded on the written recommendation in the prescribed form of a medical practitioner, which shall include (a)a statement that in the opinion of the practitioner the conditions set out in paragraphs (a) to (c) of sub-section (2) are complied with; (b)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and (b) of sub-section (2); and (c)a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of sub-section (2), specifying whether other methods of dealing with the patient are available, and if so why they are not appropriate. (4) A patient admitted to hospital in pursuance of an application for admission may be detained for a period not exceeding twenty-one days beginning with the day on which he is admitted, but shall not be detained thereafter unless, before the expiration of that period, he has become liable to be detained by virtue of any of the following provisions of this Act. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 13 General provisions as to applications. 13.(1) Subject to sub-sections (2) and (3), an application for admission may be made either by the nearest relative of the patient or by [the social worker] for the area in which the patient then is; and every such application shall be made in the prescribed form addressed to the [Health and Social Services Board administering] the hospital to which admission is sought and shall specify the qualification of the applicant to make the application. (2) An application for admission shall not be made by [a social worker] if the nearest relative of the patient has notified that officer, or the [Health and Social Services Board] by whom that officer is appointed, that he objects to the application being made, and, without prejudice to the foregoing provision, shall not be made by [a social worker] except after consultation with the person, if any, appearing to be the nearest relative of the patient unless it appears to that officer that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay. (3) A person shall not make an application for admission unless he has personally seen the patient within the period of fourteen days ending with the date of the application. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 14 General provisions as to medical recommendations. 14.(1) The recommendation required for the purposes of an application for admission (in this Act referred to as "a recommendation for admission") shall (a)if practicable, be given by the patient's medical practitioner or by a medical practitioner who has previous acquaintance with the patient; (b)be signed on or before the date of the application by a practitioner who has personally examined the patient not more than two days before the date on which he signs that recommendation. (2) A recommendation for admission shall not be given by any of the following persons, that is to say (a)the applicant; (b)a partner of the applicant; (c)a person employed as an assistant by the applicant; (d)a person who receives or has an interest in the receipt of any payments made on account of the maintenance of the patient; or (e)except in the case of an emergency application (as defined in section fifteen), a practitioner on the staff of the hospital to which the patient is to be admitted; Emergency applications. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 15 15.(1) In any case of urgent necessity an application for admission (in this Act referred to as "an emergency application") may be made by [a social worker] or any relative of a patient in accordance with sub-sections (2) and (3). (2) An emergency application shall be founded on a recommendation for admission in the prescribed form which shall include (in addition to the matters referred to in section twelve) a statement that by reason of the mental disorder from which the patient is suffering it is of urgent necessity for him to be admitted to hospital in pursuance of an application under section twelve, but that compliance with all the provisions of this Part relating to such an application would involve undesirable delay. (3) An emergency application shall cease to have effect on the expiration of a period of seven days beginning with the day on which the patient is admitted to hospital unless the [Health and Social Services Board administering] the hospital where the patient is detained receive the medical report mentioned in section nineteen within that period. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 16 Applications in respect of patients already in hospital. 16.(1) An application for admission may be made under this Part notwithstanding that a patient is already an in-patient in a hospital who is not liable to be detained in pursuance of an application for admission; and where an application is so made the patient shall be treated for the purposes of this Part as if he had been admitted to the hospital at the time when that application was received by the [Health and Social Services Board]. (2) If, where a patient is an in-patient in a hospital, but is not liable to be detained there in pursuance of an application for admission, it appears to the medical practitioner in charge of the treatment of the patient that an application for admission ought to be made in respect of the patient, he may furnish to the [Health and Social Services Board] a report in the prescribed form to that effect; and where he does so, the [Health and Social Services Board] may detain the patient in the hospital for a period not exceeding three days beginning with the day on which the report is so furnished. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 17 Effect of application for admission. 17.(1) An application for the admission of a patient to hospital, duly completed in accordance with the foregoing provisions of this Part, shall be sufficient authority for the applicant, or any person authorised by the applicant, to take the patient and convey him to the hospital at any time within the following period, that is to say (a)in the case of an application other than an emergency application, the period of fourteen days beginning with the date on which the patient was examined by the medical practitioner giving the recommendation for admission; (b)in the case of an emergency application, the period of three days beginning with the date on which the patient was examined by the medical practitioner giving the recommendation for admission. (2) Where a patient is admitted within that period to the hospital specified in any such application, or, being within a hospital, is treated by virtue of section sixteen as if he had been so admitted, the application shall be sufficient authority for the [Health and Social Services Board] to detain the patient in the hospital in accordance with this Act. (3) Any application for admission which appears to be duly made and to be founded on the necessary recommendation for admission may be acted upon without further proof of the signature or qualification of the person by whom the application or any such recommendation, is made or given, or of any matter of fact or opinion stated therein. (4) Where a patient is admitted to a hospital in pursuance of an application for admission, any previous application under this Part by virtue of which he was subject to guardianship shall cease to have effect. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 18 Examination of patients on admission. 18.(1) A patient admitted to hospital pursuant to an application for admission (other than an emergency application) made in accordance with the provisions of this Part shall, unless he has been examined by a medical practitioner appointed for the purposes of section nineteen before he was so admitted, be examined by a medical practitioner on the staff of that hospital immediately after he is admitted thereto. (2) A medical practitioner examining a patient as required by sub-section (1) shall report in writing in the prescribed form to the [Health and Social Services Board] stating the results of his examination. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 19 Further provisions as to period of detention. 19.(1) A patient admitted to hospital in pursuance of an application for admission shall not be detained therein for a period exceeding that allowed by sub-section (4) of section twelve, unless not earlier than fourteen days before, nor later than twenty-one days after, the date on which he is admitted to hospital, a medical practitioner, appointed for the purposes of this section by [the Ministry], who has examined the patient makes a report in the prescribed form (in this Part referred to as "a medical report") to the [Health and Social Services Board administering] the hospital to which the patient is to be, or has been, admitted, stating (a)that, in his opinion, the patient is suffering from mental disorder of a nature or degree which warrants his detention in hospital; and (b)that, in his opinion, it is necessary that the patient should be so detained in the interests of his own health or safety or for the protection of other persons; and (c)such particulars as may be prescribed of the grounds for his opinion so far as it relates to the conditions set out in paragraph (a); and (d)the reasons for his opinion so far as it relates to the conditions set out in paragraph (b), specifying whether other methods of dealing with the patient are available, and if so why they are not appropriate. (2) Where any such medical practitioner reports to the [Health and Social Services Board] as mentioned in sub-section (1), a patient admitted to hospital in pursuance of an application for admission may, subject to the provisions of this Act, be detained in that hospital for a period not exceeding six months beginning with the day on which he was so admitted, but shall not be so detained for any longer period unless the authority for his detention is renewed in accordance with this Part. (3) A medical report shall not be given by any of the following persons, that is to say (a)the person making the application for the admission of the patient; or (b)the medical practitioner who gave the recommendation for admission for the purposes of the admission of the patient; or (c)a person who receives or has an interest in the receipt of any payments made on account of the maintenance of the patient; (4) An application for admission and any recommendation for admission or medical report may describe the patient as being mentally ill or as requiring special care, or in both those ways, but the medical report shall not be of any effect unless both the recommendation for admission and the medical report (whether or not they also describe the patient in both those ways) describe the patient as being mentally ill or, as the case may be, as requiring special care. (5) A patient who is admitted to a hospital in pursuance of an application for admission may apply to the Review Tribunal within the period of six months beginning with the day on which he is so admitted, or with the day on which he attains the age of sixteen years, whichever is the later. (6) Any medical report which appears to be duly made may be acted upon without further proof of the signature or qualification of the person by whom it is made, or of any matter of fact or opinion stated therein. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 20 Rectification of applications, recommendations or reports. 20.(1) Where within the period of twenty-eight days beginning with the day on which a patient has been admitted to a hospital in pursuance of an application for admission the application, or any recommendation for admission or medical report given for the purposes of, or in connection with, the application, is found to be in any respect incorrect or defective, the application, recommendation or report may, within that period and with the consent of the [Health and Social Services Board administering] the hospital where the patient then is, be amended by the person by whom it was signed; and when any such amendment is made the application, recommendation or report shall have effect and shall be deemed always to have had effect as if it had been originally made as so amended. (2) Without prejudice to sub-section (1), where within the period mentioned in that sub-section it appears to the [Health and Social Services Board administering] the hospital that a recommendation for admission or medical report is insufficient to warrant the detention of a patient in pursuance of an application for admission, [it] may, within that period, give notice in writing to that effect to the applicant; and when any such notice is given in respect of a recommendation for admission or medical report, that recommendation or report shall be disregarded, but the application shall be, and shall be deemed always to have been, sufficient if (a)a fresh recommendation for admission or medical report complying with the relevant provisions of this Part (other than those relating to the period within which the recommendation must be signed or the report given) is furnished to the [Health and Social Services Board] within that period; and (b)that recommendation or report complies with those provisions. (3) Where the recommendation for admission and the medical report in respect of any patient are, taken together, insufficient to warrant the detention of the patient under this Part, a notice may be given under sub-section (2) in respect of that recommendation or report, but this sub-section shall not apply where, by virtue of sub-section (4) of section nineteen, the application has not any effect. (4) Nothing in this section shall be construed as authorising the giving of notice in respect of an emergency application, or the detention of a patient admitted in pursuance of such an application, after the period of seven days referred to in sub-section (3) of section fifteen, unless the provisions of that sub-section and of section nineteen are complied with or would be complied with apart from any error or defect to which this section applies. Application for guardianship. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 21 21.(1) A patient may be received into guardianship, for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as "a guardianship application") made in accordance with sub-sections (2) to (9). (2) A guardianship application may be made in respect of a patient on the grounds (a)that he is suffering from mental illness or requires special care; and (b)that the mental disorder from which he is suffering is of a nature or degree which warrants his reception into guardianship under this section; and (c)that it is necessary that he should be so received in his own interests or for the protection of other persons. (3) A guardianship application shall be founded on the written recommendations in the prescribed form of two medical practitioners, which shall include in each case (a)a statement that in the opinion of the practitioner the conditions set out in paragraphs (a) to (c) of sub-section (2) are complied with; (b)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and (b) of sub-section (2); and (c)a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of sub-section (2), specifying whether other methods of dealing with the patient are available, and if so why they are not appropriate. (4) The recommendations required for the purposes of a guardianship application (in this Act referred to as "recommendations for guardianship") shall satisfy the following requirements (a)each recommendation for guardianship shall be signed on or before the date of the application by a medical practitioner who has personally examined the patient not more than two days before the date on which he signs that recommendation; (b)one recommendation for guardianship shall be given by a medical practitioner appointed... for the purposes of section nineteen and the other shall, if practicable, be given by the patient's medical practitioner or by a practitioner who has previous acquaintance with the patient. (5) The person named as guardian in a guardianship application may be [a Health and Social Services Board] or any other person (including the applicant himself); but a guardianship application in which a person other than [a Health and Social Services Board] is named as guardian shall not have any effect unless it is accepted on behalf of that person by [the Board]. [(6) Where a person named as guardian in a guardianship application is not a Health and Social Services Board, that application shall be forwarded to the Health and Social Services Board for the area in which that person is ordinarily resident.] (7) Every guardianship application shall (except where the guardian is [a Health and Social Services Board]) be accompanied by a statement in writing by the person named as guardian that he is willing to act as guardian. (8) A guardianship application and any recommendation for guardianship may describe the patient as being mentally ill or as requiring special care, or in both those ways, but the application shall not be of any effect unless each of the recommendations for guardianship (whether or not they also describe the patient in both those ways) describes the patient as being mentally ill or, as the case may be, as requiring special care. (9) Section thirteen and sub-section (2) of section fourteen shall apply in relation to a guardianship application as they apply in relation to an application for admission, but subject to the following modifications, that is to say (a)in section thirteen, in sub-section (1) the words "shall be made in the prescribed form addressed to the [Health and Social Services Board administering] the hospital to which admission is sought and" shall be omitted; and (b)in section fourteen, in sub-section (2), for paragraph (e) there shall be substituted (10) A guardianship application shall be sufficient if the recommendations on which it is founded are given either as separate recommendations, each signed by a medical practitioner, or as a joint recommendation signed by two medical practitioners. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 22 Effect of guardianship application, etc. 22.(1) Where a guardianship application, duly made in accordance with section twenty-one and forwarded to the [Health and Social Services Board] within the period allowed by sub-section (2), is accepted by that [Board], the application shall, subject to regulations, confer on the [Board] or person therein named as guardian, to the exclusion of any other person, all such powers as would be exercisable by them or him in relation to the patient if they or he were the father of the patient and the patient were under the age of fourteen years. (2) The period within which a guardianship application is required for the purposes of this section to be forwarded to the [Health and Social Services Board] is the period of fourteen days beginning with the date on which the patient was last examined by a medical practitioner before giving a recommendation for guardianship for the purposes of the application. (3) A patient placed under guardianship in pursuance of a guardianship application may, subject to the provisions of this Act, be kept under guardianship for a period not exceeding six months beginning with the day on which the guardianship application was accepted, but shall not be so kept for any longer period unless the authority for his guardianship is renewed under this Part. (4) A guardianship application which appears to be duly made and to be founded on the necessary recommendations for guardianship may be acted upon without further proof of the signature or qualification of the person by whom the application or any such recommendation is made or given, or of any matter of fact or opinion stated therein. (5) If within the period of fourteen days beginning with the day on which a guardianship application has been accepted by the [Health and Social Services Board] the application, or any recommendation for guardianship, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of that [Board], be amended by the person by whom it was signed; and where any such amendment is made the application or recommendation shall have effect and shall be deemed always to have had effect as if it had been originally made as so amended. (6) A patient who is received into guardianship in pursuance of a guardianship application may apply to the Review Tribunal within the period of six months beginning with the day on which the application is accepted, or with the day on which he attains the age of sixteen years, whichever is the later. (7) Where a patient is received into guardianship in pursuance of a guardianship application any previous application under this Part by virtue of which he was subject to guardianship or liable to be detained in a hospital shall cease to have effect. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 23 Transfer of guardianship in case of death, incapacity, etc., of guardian. 23.(1) If any person (other than a [Health and Social Services Board], having the guardianship of a patient received into guardianship under this Part (a)dies; or (b)gives notice in writing to the responsible [Health and Social Services Board] that he desires to relinquish the functions of guardian; (2) If any such person, not having given notice under paragraph (b) of sub-section (1), is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the responsible [Health and Social Services Board] or by any other person approved for the purpose by that [Board]. (3) If it appears to the county court, upon application made by an officer appointed in that behalf by a [Health and Social Services Board], that any person (other than a [Health and Social Services Board]) having the guardianship of a patient received into guardianship under this Part has performed his functions negligently or in a manner contrary to the interests of the patient, the court may order that the guardianship of the patient be transferred to the responsible [Health and Social Services Board] or to any other person approved for the purpose by that [Board]. (4) Where the guardianship of a patient is transferred to a [Health and Social Services Board] or other person by or under this section, sub-section (4) of section thirty-one shall apply as if the patient had been transferred into the guardianship of that [Board] or person by virtue of that section. Regulations as to guardianship. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 24 24.(1) A person named as guardian of a patient received into guardianship under this Part shall, so far as practicable, make arrangements for the occupation, training or employment of the patient, and for his recreation and general welfare and shall ensure that everything practicable is done for the promotion of his physical and mental health. (2) Subject to the provisions of this Part, the Ministry may make regulations for regulating the exercise by the guardians of patients received into guardianship under this Part of their powers as guardians, and for imposing on those guardians, and upon any [Health and Social Services Board] concerned, such duties as the Ministry considers necessary or expedient in the interests of the patients. (3) Regulations under this section may in particular make provision for requiring the patients to be visited, on such occasions or at such intervals as may be prescribed by the regulations. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 25 Correspondence of patients. 25. It shall be the duty of a [Health and Social Services Board], a person carrying on a private hospital or a person appointed as guardian under this Part to forward unopened all letters addressed by any patient liable to be detained or subject to guardianship under this Part to the Lord Chief Justice; the Minister of Health and Local Government; any member of [the Assembly or of the Parliament of the United Kingdom]; the Review Tribunal; the Ministry; [the Master (Care and Protection)]; the nearest relative of the patient; [the European Commission of Human Rights.] MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 26 Visiting and examination of patients. 26. For the purpose of advising whether an application to the Review Tribunal should be made by or in respect of a patient who is liable to be detained or subject to guardianship under this Part, or of furnishing information as to the condition of a patient for the purposes of such an application, or of advising as to the exercise by the nearest relative of any such patient of any power to order his discharge, any medical practitioner authorised by or on behalf of the patient or other person who is entitled to make or has made the application, or by the nearest relative of the patient, as the case may be, may, at any reasonable time, visit the patient and examine him in private. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 27 Statement as to rights of patients and nearest relatives. 27. The responsible [Health and Social Services Board] shall, as soon as may be practicable after a patient is admitted to hospital or placed under guardianship under this Part or, as the case may be, the authority for the detention or guardianship of a patient is renewed under this Part, furnish to the patient and his nearest relative a statement in the prescribed form of their respective rights and powers under this Act. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 28 Re-classification of mental disorder. 28.(1) Where (a)a patient is for the time being detained in a hospital in pursuance of an application for admission, or subject to guardianship in pursuance of a guardianship application; and (b)it appears to the responsible medical officer that the patient is suffering from a form of mental disorder other than the form specified in the application; (2) Where a report is furnished under this section in respect of a patient who has attained the age of sixteen years, the [Health and Social Services Board] or guardian shall inform the patient and his nearest relative, and the patient or that relative may, within the period of twenty-eight days beginning with the day on which he is so informed, apply to the Review Tribunal. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 29 Leave of absence from hospital. 29.(1) The responsible medical officer may grant to any patient who is for the time being liable to be detained in a hospital under this Part leave to be absent from the hospital subject to such conditions, if any, as that officer considers necessary in the interests of the patient or for the protection of other persons. (2) Leave of absence may be granted to a patient under this section either on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient. (3) Where it appears to the responsible medical officer that it is necessary to do so in the interests of the patient or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the patient remain in custody during his absence; and where leave of absence is so granted the patient may be kept in the custody of any officer of [a Health and Social Services Board], or of any other person authorised in writing by [the Health and Social Services Board administering] the hospital. (4) Where (a)a patient is absent from a hospital in pursuance of leave of absence granted under this section; and (b)it appears to the responsible medical officer that it is necessary to do so in the interests of the patient's health or safety or for the protection of other persons or because the patient is not receiving proper care; (5) A patient to whom leave of absence is granted under this section shall not be recalled under sub-section (4) after he has ceased to be liable to be detained under this Part. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 30 Return and re-admission of patients absent without leave. 30.(1) Where a patient who is for the time being liable to be detained under this Part in a hospital (a)absents himself from the hospital without leave granted under section twenty-nine; or (b)fails to return to the hospital on any occasion on which, or at the expiration of any period for which, leave of absence was granted to him under that section, or upon being recalled thereunder; or (c)absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that section; (2) Where a patient who is for the time being subject to guardianship under this Part absents himself without the leave of his guardian from the place at which he is required by the guardian to reside, he may, subject to sub-section (3), be taken into custody and returned to that place [by any constable or by any person authorised in writing by the guardian or by a Health and Social Services Board.] (3) A patient shall not be taken into custody under this section after the expiration of the period of twenty-eight days beginning with the first day of his absence without leave; and a patient who has not returned or been taken into custody under this section within that period shall cease to be liable to be detained or subject to guardianship, as the case may be, at the expiration of that period. (4) In this Act "absent without leave" means absent from any hospital or other place and liable to be taken into custody and returned under this section. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 31 Transfer of patients. 31.(1) [A Health and Social Services Board] may arrange for the transfer from one hospital to another hospital, of a patient who is liable to be detained in hospital by virtue of an application for admission. (2) Where a patient is transferred to another hospital by virtue of sub-section (1), the provisions of this Part shall apply to him as if (a)the application for admission by virtue of which he was liable to be detained in hospital were an application for admission to the hospital to which he is transferred; and (b)he had been admitted to that hospital at the time when he was originally admitted in pursuance of the application. (3) [A Health and Social Services Board] may arrange for the transfer (a)of a patient who is subject to guardianship under this Part, from the guardianship of any person into the guardianship of any other person, or to a hospital; (b)of a patient who is liable to be detained in hospital by virtue of an application for admission, into the guardianship of any person. (4) Where a patient is transferred into the guardianship of another person by virtue of paragraph (a) of sub-section (3), the provisions of this Part shall apply to him as if the guardianship application by virtue of which he is subject to guardianship under this Part were for his reception into the guardianship of that person and had been accepted at the time when it was originally accepted. (5) Where a patient is transferred to a hospital by virtue of paragraph (a) of sub-section (3), the provisions of this Part shall apply to him as if (a)the guardianship application by virtue of which he was subject to guardianship under this Act were an application for admission to that hospital; and (b)he had been admitted to that hospital at the time when the application was originally accepted and a medical report had been made in respect of him at that time. (6) Where a patient is transferred into the guardianship of any person by virtue of paragraph (b) of sub-section (3), the provisions of this Part shall apply to him as if the application for admission by virtue of which he was liable to be detained in hospital were a guardianship application duly accepted at the time when he was originally admitted to hospital in pursuance of the application. (7) Arrangements for the transfer of a patient under any provision of this section may be made subject to such conditions as may be prescribed. (8) A patient who, having attained the age of sixteen years, is transferred from guardianship to a hospital by virtue of paragraph (a) of sub-section (3) may, within the period of six months beginning with the day on which he is so transferred, apply to the Review Tribunal. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 32 Renewal of authority for detention or guardianship. 32.(1) Subject to the provisions of this Part, the authority conferred by this Part for the detention or guardianship of a patient may, unless the patient has previously been discharged, be renewed under this section (a)from the expiration of the period referred to in sub-section (2) of section nineteen or, as the case may be, sub-section (3) of section twenty-two, for a further period of one year if the provisions of sub-section (2) are complied with; (b)from the expiration of any period of renewal under paragraph (a), for a further period of two years if the provisions of sub-sections (3) and (4) are complied with; (c)from the expiration of any period of renewal under paragraph (b), for a further period of two years if the provisions of sub-section (5) are complied with; (2) Within the period of one month ending on the day on which (a)a patient who is liable to be detained in pursuance of an application for admission would cease under section nineteen to be so liable in default of the renewal of the authority for his detention; or (b)a patient who is subject to guardianship in pursuance of a guardianship application would cease under section twenty-two to be so subject in default of the renewal of the authority for his guardianship; (3) Within the period of two months ending on the day on which a patient who is liable to be detained or who is subject to guardianship by virtue of the authority for detention or guardianship (as renewed under sub-section (2)) would cease to be so liable or subject in default of the further renewal of that authority, it shall be the duty of the responsible [Health and Social Services Board] (a)to arrange for the examination of the patient in accordance with sub-section (4); and (b)to give the patient and his nearest relative not less than fourteen days' notice in writing of the date of that examination. (4) The medical examination required by sub-section (3) shall be conducted by two medical practitioners, and if those practitioners furnish a written report in the prescribed form to the responsible [Health and Social Services Board] on the condition of the patient which includes in each case (a)a statement that, in the opinion of the practitioner, the conditions set out in paragraphs (a) to (c) of sub-section (2) of section twelve or, as the case may be, paragraphs (a) to (c) of sub-section (2) of section twenty-one, are complied with; and (b)the particulars and reasons required by paragraphs (b) and (c) of sub-section (3) of section twelve or, as the case may be, paragraphs (b) and (c) of sub-section (3) of section twenty-one; (5) Within the period of two months ending on the day on which a patient who is liable to be detained or who is subject to guardianship by virtue of the authority for detention or guardianship (as renewed under sub-section (4)) would cease to be so liable or subject in default of the further renewal of that authority, it shall be the duty of the responsible medical officer to examine the patient; and if he reports to the responsible [Health and Social Services Board] in the prescribed form as mentioned in sub-section (2), the authority for the detention or guardianship shall be thereby renewed for the further period mentioned in paragraph (c) of sub-section (1). (6) At least one of the medical practitioners appointed to carry out an examination under sub-section (4) shall be a practitioner who has made neither the recommendation for admission or guardianship on which the application for the admission or guardianship of the patient was founded nor the medical report in connection with the detention of that patient. (7) The report referred to in sub-section (4) may consist of separate reports each signed by a medical practitioner or of a joint report signed by two medical practitioners. (8) Any report under this section which appears to be duly made may be acted upon without further proof of the signature or qualification of the person by whom the report is made, or of any matter of fact or opinion stated therein. (9) Where the authority for the detention or guardianship of a patient who has attained the age of sixteen years is renewed under this section, the responsible [Health and Social Services Board] shall inform the patient in writing; and where the authority for the detention or guardianship of any such patient is renewed under this section the patient may, at any time before the expiration of the period for which the authority is so renewed, apply to the Review Tribunal. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 33 Special provisions as to patients absent without leave. 33.(1) If on the day on which, apart from this section, a patient would cease to be liable to be detained or subject to guardianship under this Part or, within the period of twenty-one days ending with that day, the patient is absent without leave, he shall not cease to be so liable or subject (a)in any case, until the expiration of the period during which he can be taken into custody under section thirty, or the day on which he returns or is returned to the hospital or place where he ought to be, whichever is the earlier; and (b)if he returns or is returned as aforesaid within the period during which he can be taken into custody under section thirty, until the expiration of the period of twenty-one days beginning with the day on which he returns or is returned as aforesaid. (2) Where the period for which a patient is liable to be detained or subject to guardianship is extended by virtue of this section, any examination to be made, or report to be furnished, under section thirty-two may be made or furnished within that period as so extended. (3) Where the authority for detention or guardianship of a patient is renewed by virtue of this section after the day on which, apart from this section, that authority would have expired under this Part, the renewal shall take effect as from that day. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 34 Special provisions as to patients sentenced to imprisonment, etc. 34.(1) Where a patient who (a)is liable to be detained by virtue of an application for admission or is subject to guardianship by virtue of a guardianship application is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); and (b)is so detained in custody for a period exceeding, or for successive periods exceeding in the aggregate, six months; (2) Where any such patient is detained in custody as mentioned in paragraph (a) of sub-section (1) but the application does not cease to have effect under that sub-section, then (a)if apart from this sub-section he would have ceased to be liable to be detained or subject to guardianship as aforesaid on or before the day on which he is discharged from custody, he shall not cease and shall be deemed not to have ceased to be so liable or subject until the end of that day; and (b)in any case, sections thirty and thirty-three shall apply in relation to him as if he had absented himself without leave on that day. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 35 Discharge of patients. 35.(1) Subject to sub-section (4) and to section thirty-six, a patient who is for the time being liable to be detained or subject to guardianship under this Part shall cease to be so liable if an order in writing discharging him from detention or guardianship (in this Act referred to as "an order for discharge") is made in respect of him by the responsible medical officer, by the responsible [Health and Social Services Board] or by his nearest relative. (2) A responsible medical officer shall make an order for discharge in respect of a patient liable to be detained or subject to guardianship under this Part where he is satisfied (a)that the patient is no longer suffering from mental disorder; or (b)that, having regard to the care or supervision which would be available for the patient if he were discharged, it is not necessary in the interests of his health or safety, or for the protection of other persons, that he should continue to be so liable or subject. Subs.(3) rep. by 1972 NI 14 art.109(3) sch.18 (4) A responsible medical officer shall not make an order for the discharge of a patient detained in any special accommodation unless the [Health and Social Services Board] consent to the discharge of the patient. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 36 Restrictions on discharge by the nearest relative. 36.(1) An order for the discharge of a patient who is liable to be detained in a hospital shall not be made by his nearest relative except after giving not less than seventy-two hours' notice in writing to the [Health and Social Services Board administering] the hospital; and if, within seventy-two hours after such notice has been given, the responsible medical officer furnishes to [that Board] a report in writing certifying (a)that in the opinion of that officer the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself; or (b)that that officer is not satisfied that the patient, if discharged, would receive proper care; (i)any order for the discharge of the patient made by that relative in pursuance of the notice shall be of no effect; and (ii)a further order for the discharge of the patient shall not be made by that relative during the period of six months beginning with the date of the report. (2) Where, but for this sub-section, a Sunday or any part thereof would be reckoned in the period of seventy-two hours referred to in sub-section (1), for the references in that sub-section to seventy-two hours there shall be substituted references to ninety-six hours. (3) Where a report is furnished under sub-section (1) in respect of a patient, [the Health and Social Services Board] shall inform the nearest relative of the patient and that relative may, within the period of twenty-eight days beginning with the day on which he is so informed, apply to the Review Tribunal in respect of the patient. Definition of relative and nearest relative. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 37 37.(1) In this Act "relative" means any of the following, that is to say (a)husband or wife; (b)son or daughter; (c)father; (d)mother; (e)brother or sister; (f)grandparent; (g)grandchild; (h)uncle or aunt; (i)nephew or niece. (2) In deducing relationship for the purposes of this section, an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject to that, brothers and sisters of the half-blood shall be treated as brothers and sisters of the whole blood, and an illegitimate person shall be treated as the legitimate child of his mother. (3) In this Act, subject to the provisions of this section and the following provisions of this Part, the "nearest relative" means the person first mentioned in sub-section (1) who is caring for the patient, or was so caring immediately before the admission of the patient to a hospital or his reception into guardianship, failing whom the person first so mentioned who is for the time being surviving, brothers and sisters of the whole blood being preferred to brothers and sisters of the half-blood, and the elder or eldest of two or more relatives mentioned in any paragraph of that sub-section being preferred to the other or others of those relatives, regardless of sex. (4) Where the person who, under sub-section (3) would be the nearest relative of a patient (a)is not ordinarily resident within the United Kingdom; or (b)being the husband or wife of the patient, is permanently separated from the patient, either by agreement or under an order of a court, or has deserted or has been deserted by the patient for a period which has not come to an end; or (c)not being the husband, wife, father or mother of the patient, is for the time being under [eighteen] years of age; or (d)is a man against whom an order divesting him of authority over the patient has been made under sub-section (4) of section one of the Punishment of Incest Act, 1908 (which relates to incest with a girl under twenty-one), and has not been rescinded; (5) In this section "adopted" means adopted in pursuance of an order for the adoption of any person made under the Adoption of Children Act (Northern Ireland), 1950, or any previous enactment relating to the adoption of children, or any corresponding enactment of the Parliament of the United Kingdom, and "court" includes a court in England and Wales or Scotland. (6) In this section "husband" and "wife" include a person who is living with the patient as the patient's husband or wife (or, if the patient is for the time being an in-patient in a hospital, was so living until the patient was admitted), and has been or had been so living for a period of not less than six months; but a person shall not be treated by virtue of this sub-section as the nearest relative of a married patient unless the husband or wife of the patient is disregarded by virtue of paragraph (b) of sub-section (4). MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 38 Children and young persons in care of the Ministry. 38. Where the rights and powers of a parent of a patient, being a child or young person, are vested in [the Ministry of Home Affairs] or other person by virtue of (a)[section ninety-one] of the Children and Young Persons Act (Northern Ireland), [1968] (which relates to children and young persons committed to the care of fit persons under that Act); or (b)[section one hundred and five] of that Act (which relates to children in respect of whom parental rights have been assumed under [section one hundred and four] of that Act); Nearest relative of infant under guardianship, etc. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 39 39.(1) Where a patient who has not attained the age of [eighteen] years (a)is by virtue of an order made by a court in the exercise of jurisdiction (whether under any enactment or otherwise) in respect of the guardianship of infants (including an order made under sub-section (4) of section one of the Punishment of Incest Act, 1908), or by virtue of a deed or will executed by his father or mother, under the guardianship of a person not being his nearest relative under the foregoing provisions of this Act, or is under the joint guardianship of two or more persons of whom one is such a person as aforesaid; or (b)is, by virtue of an order made by a court in the exercise of such jurisdiction as aforesaid or in matrimonial proceedings, or by virtue of a separation agreement between his father and mother, in the custody of any such person; (2) Sub-section (4) of section thirty-seven shall apply in relation to a person who is, or who is one of the persons, deemed to be the nearest relative of a patient by virtue of this section as it applies in relation to a person who would be the nearest relative under sub-section (3) of that section. (3) A patient shall be treated for the purposes of this section as being in the custody or guardianship of another person if he would be in that other person's custody or guardianship apart from section twenty-two. (4) In this section "court" includes a court in England and Wales or Scotland, and "enactment" includes an enactment of the Parliament of the United Kingdom. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 40 Assignment of functions by nearest relative. 40.(1) The nearest relative of any patient who is liable to be detained or subject to guardianship under this Part may assign his functions as such under this Part to any person (other than the patient) who indicates in writing his willingness to exercise those functions. (2) Any person who wishes to assign, under this section, his functions as nearest relative under this Part shall give notice of the assignment in the prescribed form to the responsible [Health and Social Services Board]. (3) On the receipt by the responsible [Health and Social Services Board] of the notice referred to in sub-section (2), the provisions of this Part shall, subject to sub-section (4) of section forty-one, apply in relation to the patient as if for any reference to the nearest relative of the patient there were substituted a reference to the person to whom the nearest relative has assigned his functions under this Part and (without prejudice to sections forty-one and forty-two) shall so apply notwithstanding that the person who was the patient's nearest relative at the time of the assignment is no longer his nearest relative. (4) Where, under this section, a person assigns his functions as nearest relative under this Part, the following provisions of this Part shall not apply in relation to the person to whom he has assigned his functions, that is to say in section forty-one, paragraph (a) of sub-section (3); Appointment by county court of acting nearest relative. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 41 41.(1) The county court may, upon application made in accordance with this section in respect of a patient, by order direct that the functions under this Part of the nearest relative of the patient shall, during the continuance in force of the order, be exercisable by the applicant, or by any other person specified in the application, being a person who, in the opinion of the court, is a proper person to act as the patient's nearest relative and is willing to do so. (2) An order under this section may be made on the application of (a)any relative of the patient; (b)any other person with whom the patient is residing (or, if the patient is then an in-patient in a hospital, was last residing before he was admitted); (c)[a social worker]; (3) An application for an order under this section may be made upon any of the following grounds (a)that the patient has not a nearest relative within the meaning of this Act, or that it is not reasonably practicable to ascertain whether he has such a relative, or who that relative is; (b)that the nearest relative of the patient is incapable of acting as such by reason of mental disorder or other illness; (c)that the nearest relative of the patient unreasonably objects to the making of an application for admission or guardianship application in respect of the patient; or (d)that the nearest relative of the patient has exercised without due regard to the welfare of the patient or the interests of the public his power to discharge the patient from hospital or guardianship under this Part, or is likely to do so. (4) While an order made under this section is in force, the provisions of this Part (other than this section and section forty-two) shall apply in relation to the patient as if for any reference to the nearest relative of the patient there were substituted a reference to the person having the functions of that relative and (without prejudice to section forty-two) shall so apply notwithstanding that the person who was the patient's nearest relative when the order was made is no longer his nearest relative. (5) Where an order is made under this section in respect of a patient who is or subsequently becomes liable to be detained or subject to guardianship under this Part, the nearest relative of the patient may apply to the Review Tribunal in respect of the patient within the period of twelve months beginning with the date of the order, and in any subsequent period of twelve months during which the order continues in force. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 42 Discharge and variation of orders under s.41. 42.(1) An order made under section forty-one in respect of a patient may be discharged by the county court upon application made (a)by the person having the functions of the nearest relative of the patient by virtue of the order; (b)where the order was made on the ground specified in paragraph (a) or paragraph (b) of sub-section (3) of that section, or where the person who was the nearest relative of the patient when the order was made has ceased to be his nearest relative, by the nearest relative of the patient. (2) An order made under section forty-one in respect of a patient may be varied by the county court, on the application of the person having the functions of the nearest relative by virtue of the order or on the application of [a social worker], by substituting for the first-mentioned person any person who, in the opinion of the court, is a proper person to exercise those functions, being a person who is willing to do so. (3) If the person having the functions of the nearest relative of a patient by virtue of an order under section forty-one dies, sub-sections (1) and (2) shall apply as if for any reference to that person there were substituted a reference to any relative of the patient, and until the order is discharged or varied under those sub-sections the functions of the nearest relative under this Part shall not be exercisable by any person. (4) An order under section forty-one shall, unless previously discharged, cease to have effect (a)if the patient was on the date of the order liable to be detained in pursuance of an application for admission or subject to guardianship under this Part, or becomes so liable or subject within the period of three months beginning with that date, when he ceases to be so liable or subject (otherwise than on being transferred by virtue of section thirty-one); (b)if the patient was not on the date of the order, and has not within the said period of three months become, so liable or subject, at the expiration of that period. (5) The discharge or variation under this section of an order under section forty-one shall not affect the validity of anything previously done in pursuance of the order. Duty of social worker to make application for admission or guardianship. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 43 43.(1) It shall be the duty of [a social worker] to make an application for admission or a guardianship application in respect of a patient within the area of the [Health and Social Services Board] by whom that officer is appointed in any case where (a)he is satisfied that such an application ought to be made; and (b)he is of opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him. (2) Nothing in this section shall be construed as authorising or requiring an application to be made by [a social worker] in contravention of sub-section (2) of section thirteen, or of that sub-section as applied by section twenty-one, or as restricting the power of [a social worker] to make any application under this Act. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 44 Procedure on applications to county court. 44. County court rules which relate to applications authorised by this Part to be made to a county court may make provision (a)for the hearing and determination of such applications otherwise than in open court; (b)for the admission on the hearing of such applications of evidence of such descriptions as may be specified in the rules notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence; (c)for the visiting and interviewing of patients in private by or under the directions of the court. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 45 Reference of cases to the Review Tribunal. 45. The Attorney General, the Ministry or, on the direction of the [High Court, the Master (Care and Protection)], may at any time refer to the Review Tribunal the case of any patient who is liable to be detained or subject to guardianship under this Part. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 46 Special provisions for wards of court. 46.(1) An application for the admission to hospital of an infant who is a ward of court may be made under this Part with the leave of the court; and sub-section (2) of section thirteen shall not apply in relation to an application so made. (2) Where an infant being a ward of court is liable to be detained in hospital by virtue of an application for admission under this Part, any power exercisable under this Part in relation to the patient by his nearest relative shall be exercisable by or with the leave of the court. (3) Nothing in this Part shall be construed as authorising the making of a guardianship application in respect of an infant who is a ward of court, or the transfer into guardianship of any such infant. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 47 Interpretation (Part II). 47.(1) In this Part "the responsible medical officer" means any medical practitioner who may be authorised to act (either generally or in any particular case or class of case or for any particular purpose) as the responsible medical officer [by the responsible Health and Social Services Board.] [(2) In relation to a patient who is subject to guardianship, any reference in this Part to the responsible Health and Social Services Board is a reference (a)where the patient is subject to the guardianship of a Health and Social Services Board, to that Board; (b)where the patient is subject to the guardianship of any person other than a Health and Social Services Board, to the Health and Social Services Board for the area in which that person ordinarily resides.] (3) In relation to a patient who is liable to be detained in hospital, any reference in this Part to the responsible [Health and Social Services Board] is a reference to the [Health and Social Services Board administering] the hospital where the patient is liable to be detained. Powers of courts to order hospital admission or guardianship. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 48 48.(1) Where a person is convicted before [the Crown Court] of an offence other than an offence the sentence for which is fixed by law, or is convicted by a court of summary jurisdiction of an offence punishable on summary conviction with imprisonment (including an indictable offence which may be tried summarily), and the following conditions are satisfied, that is to say (a)the court is satisfied, on the written or oral evidence of two medical practitioners (complying with the provisions of section fifty) that the offender is suffering from mental disorder of a nature or degree which would warrant his detention in hospital or his reception into guardianship under Part II; and (b)the court is of opinion, having regard to all the circumstances, including the nature of the offence and the character and antecedents of the offender, and to the other available methods of dealing with him, that the most suitable means of dealing with the case is by means of an order under this section; (2) Where a person is charged before a court of summary jurisdiction with any act or omission as an offence and the court would have power, on convicting him of that offence, to make an order under sub-section (1), then, if the court is satisfied that the accused did the act or made the omission charged, the court may, if it thinks fit, make such an order without convicting him. (3) An order placing a patient under the guardianship of any person shall not be made under this section unless the court is satisfied that that person is willing to receive the patient into guardianship. (4) A hospital order or guardianship order shall describe the patient as being mentally ill or as requiring special care, or in both those ways, and such an order shall not be made unless each of the practitioners whose evidence is taken into account under paragraph (a) of sub-section (1) (whether or not they also describe the patient in both those ways) describes the patient as being mentally ill or, as the case may be, as requiring special care. (5) Where an order is made under this section, the court shall not pass sentence of imprisonment or impose a fine or make a probation order in respect of the offence, but may make any other order which the court has power to make apart from this section; and for the purposes of this sub-section "sentence of imprisonment" includes any sentence or order for detention, including an order sending a person to a training school. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 49 Additional powers in respect of children and young persons. 49.(1) If in the case of a child or young person brought before a juvenile court under [section ninety-four]... of the Children and Young Persons Act (Northern Ireland), [1968] (a)the court is satisfied that the child or young person is in need of care [, protection or control;]...; and (b)the conditions which, under section forty-eight, are required to be satisfied for the making of a hospital order or guardianship order in respect of a person convicted as therein mentioned are, so far as applicable, satisfied in the case of the child or young person; Subs.(2) rep. by 1968 c.34 (NI) s.181(3) sch.8 (3) Where a hospital order is made by virtue of this section in respect of a child or young person, the court may also make an order committing him to the care of a fit person under the Children and Young Persons Act (Northern Ireland), [1968]; but except as aforesaid an order shall not be made under [section ninety-five]... of that Act in conjunction with a hospital order or guardianship order. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 50 Requirements as to medical evidence. 50.(1) Of the medical practitioners whose evidence is taken into account under paragraph (a) of sub-section (1) of section forty-eight, at least one shall be a practitioner appointed... for the purposes of section nineteen. (2) For the purposes of the said paragraph (a) a report in writing purporting to be signed by a medical practitioner may, subject to the provisions of this section, be received in evidence without proof of the signature or qualifications of the practitioner; but the court may in any case require that the practitioner by whom such a report was signed be called to give oral evidence. (3) Where, in pursuance of directions of the court, any such report as aforesaid is tendered in evidence otherwise than by or on behalf of the accused, then (a)if the accused is represented by counsel or solicitor, a copy of the report shall be given to his counsel or solicitor; (b)if the accused is not so represented, the substance of the report shall be disclosed to the accused or, where he is a child or young person, to his parent or guardian if present in court; (c)in any case, the accused may require that the practitioner by whom the report was signed be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused. (4) In relation to a child or young person brought before a juvenile court under [section ninety-four]... of the Children and Young Persons Act (Northern Ireland), [1968], sub-section (3) shall have effect as if for references to the accused there were substituted references to the child or young person;... MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 51 Effect of hospital and guardianship orders. 51.(1) Where a court makes a hospital order in respect of a patient, it shall be the duty of [the Ministry] to give effect to the order by designating a hospital for the purposes of paragraph (a) of sub-section (2); and the [Health and Social Services Board administering] that hospital shall receive the patient accordingly. (2) A hospital order shall be sufficient authority (a)for a constable, [a social worker] or any other person directed to do so by the court to convey the patient within a period of twenty-eight days to such hospital as [the Ministry] may designate; and (b)for the [Health and Social Services Board administering] the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act. (3) A guardianship order shall confer on the [Board] or person therein named as guardian the like powers as a guardianship application made and accepted under Part II. (4) A patient who is admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, shall, subject to sub-section (5), be treated for the purposes of Part II as if he had been so admitted or placed on the date of the order in pursuance of an application for admission or a guardianship application, as the case may be, duly made under that Part. (5) Sections seventeen and twenty shall not apply to such a patient as aforesaid, and the power under section thirty-five to order the patient's discharge shall not be exercisable by his nearest relative; and accordingly the provisions of Part II specified in the first column of the Second Schedule shall apply in relation to him subject to the exceptions and modifications set out in the second column of that Schedule and the remaining provisions shall not apply. (6) Without prejudice to any provision of Part II as applied by this section, an application to the Review Tribunal may be made in respect of a patient admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, as follows, that is to say (a)by the patient, within the period of six months beginning with the date of the order or with the day on which he attains the age of sixteen years, whichever is the later; (b)by the nearest relative of the patient, within the period of twelve months beginning with the date of the order, and in any subsequent period of twelve months. (7) Where a patient is admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, any previous application, hospital order or guardianship order by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect, but if either of the first-mentioned orders, or the conviction to which it relates, is quashed on appeal, this sub-section shall not apply and section thirty-four shall have effect as if, during any period for which the patient was liable to be detained or subject to guardianship under the order, he had been detained in custody as mentioned in that section. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 52 Custody of patient pending admission to hospital. 52. The court by which a hospital order is made may give such directions as it thinks fit for the conveyance of the patient to a place of safety and his detention therein pending his admission to hospital within the period of twenty-eight days referred to in sub-section (2) of section fifty-one. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 53 Power of courts to restrict discharge from hospital. 53.(1) Where (a)a court makes a hospital order in respect of any person; and (b)it appears to the court, having regard to the nature of the offence, the antecedents of the person and the risk of his committing further offences if set at large, that it is necessary for the protection of the public to do so; (2) An order under this section (in this Act referred to as an "order restricting discharge") shall not be made in the case of any person unless the medical practitioner appointed for the purposes of section nineteen..., whose evidence is taken into account by the court under paragraph (a) of sub-section (1) of section forty-eight, has given evidence orally before the court. (3) The special restrictions applicable to a patient in respect of whom an order restricting discharge is in force are as follows, that is to say (a)none of the provisions of Part II relating to the duration, renewal and expiration of authority for the detention of patients shall apply, and the patient shall continue to be liable to be detained by virtue of the relevant hospital order until he is absolutely discharged under section fifty-four; (b)an application shall not be made to the Review Tribunal in respect of the patient under section fifty-one or under any provision of Part II; (c)the following powers shall be exercisable only with the consent of the Minister of Home Affairs (in this Part referred to as "the Minister"), that is to say (i)power to grant leave of absence to the patient under section twenty-nine; (ii)power to transfer the patient under section thirty-one; (b)and if leave of absence is granted under section twenty-nine, the power to recall the patient shall be vested in the Minister as well as in the responsible medical officer; (d)the power of the Minister to recall the patient under section twenty-nine, and the power to take the patient into custody and return him under section thirty, may be exercised at any time; (4) A hospital order shall not cease to have effect under sub-section (7) of section fifty-one if an order restricting the discharge of the patient is in force at the material time. (5) Where an order restricting the discharge of a patient ceases to have effect while the relevant hospital order continues in force, section fifty-one and the Second Schedule shall apply to the patient as if he had been admitted to the hospital in which he is then liable to be detained in pursuance of a hospital order (without an order restricting his discharge) made on the date on which the order restricting his discharge ceased to have effect. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 54 Powers of Minister in respect of patients subject to restriction orders. 54.(1) If the Minister is satisfied that an order restricting the discharge of a patient is no longer required for the protection of the public, he may direct that the patient shall cease to be subject to the special restrictions set out in section fifty-three; and where the Minister so directs, the order restricting the discharge of the patient shall cease to have effect, and sub-section (5) of that section shall have effect accordingly. (2) At any time while an order restricting the discharge of a patient is in force, the Minister may, if he thinks fit, by warrant discharge the patient from hospital, either absolutely or subject to conditions; and where a patient is absolutely discharged under this sub-section, he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and accordingly the order restricting his discharge shall cease to have effect. (3) The Minister may at any time during the continuance in force of an order restricting the discharge of a patient who has been conditionally discharged under sub-section (2), by warrant recall the patient to such hospital as may be specified in the warrant; and thereupon (a)if the hospital so specified is not the hospital from which the patient was conditionally discharged, paragraph (b) of sub-section (2) of section fifty-one shall have effect as if the hospital specified in the warrant were substituted for the hospital designated by [the Ministry] under paragraph (a) of that sub-section; and (b)in any case, the patient shall be treated for the purposes of section thirty as if he had absented himself without leave from the hospital specified in the warrant, and if the order restricting his discharge was made for a specified period, that period shall in any event be deemed not to have expired until the patient returns to hospital or is returned to hospital under that section. (4) If an order restricting the discharge of a patient ceases to have effect after the patient has been conditionally discharged under sub-section (2), the patient shall, unless previously recalled under sub-section (3), be deemed to be absolutely discharged on the date when the order ceases to have effect, and accordingly shall cease to be liable to be detained by virtue of the relevant hospital order. (5) The Minister may, if satisfied that the attendance at any place in Northern Ireland of a patient who is subject to an order restricting discharge is desirable in the interests of justice or for the purposes of any public inquiry, direct him to be taken to that place; and where a patient is directed under this sub-section to be taken to any place he shall, unless the Minister otherwise directs, be kept in custody while being so taken, while at that place and while being taken back to the hospital in which he is liable to be detained. (6) The Minister may at any time refer to the Review Tribunal for their advice the case of a patient who is for the time being subject to an order restricting his discharge, and, where so requested in writing in accordance with sub-section (7) by such a patient who is detained in hospital, shall do so within the period of two months beginning with the receipt of the request unless during that period the patient is discharged absolutely or conditionally under sub-section (2) or the order restricting his discharge ceases to have effect. (7) A patient may make a request under sub-section (6) to the Minister (a)within the period of six months beginning with the date of the relevant hospital order or with the day on which he attains the age of sixteen years, whichever is the later; (b)within each period during which he could have made an application to the Review Tribunal if he had been subject to a hospital order without an order restricting his discharge and the authority for his detention had been renewed at the requisite intervals. (8) Where a patient subject to an order restricting his discharge has been conditionally discharged under sub-section (2) and subsequently recalled to hospital, sub-section (7) shall apply as if the relevant hospital order had been made on the day on which he returns or is returned to hospital, but he may also make one such request as aforesaid between the expiration of the period of six months and the expiration of the period of one year beginning with that day. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 55 Appeals. 55.(1) Where a hospital order, guardianship order or order restricting discharge has been made by a court of summary jurisdiction [or the Crown Court] in respect of a person charged before it, he may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against a conviction. [(2) An order made by a court of summary jurisdiction against which a person appeals by virtue of this section shall (a)for the purposes of section one hundred and forty of the Magistrates' Courts Act (Northern Ireland) 1964 be treated as if it were an order made on conviction; (b)be a determination of the proceedings in which the order was made for the purposes of section one hundred and forty-six of that Act.] (3) On any appeal to any court by a person against an order restricting his discharge, the court shall have the like powers as if the appeal were against the hospital order in respect of him as well as against the order restricting his discharge. (4) On any appeal to any court by a person against a hospital order or a guardianship order, the court shall have the like powers as if the appeal were against any further order made by the court which made the hospital order or guardianship order, as well as against the hospital order or guardianship order. (5) Where a person appeals against a hospital order or guardianship order made by a court of summary jurisdiction without convicting him, the county court shall have the like powers on the appeal as if it had been against both conviction and sentence. (6) An appeal by a child or young person in respect of whom a hospital order or guardianship order has been made, whether the appeal is against the order or against the finding upon which the order was made, may be brought by him or by his parent or guardian on his behalf. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 56 Procedure in relation to findings of insanity. 56.(1) Where (a)a jury empanelled for the purpose find that a person charged on indictment... with the commission of an offence is [unfit to plead]; or (b)in the course of the trial of any person charged as aforesaid, the jury find that he is [unfit to be tried]; (2) Where upon the trial on indictment... of any person charged with the commission of an offence (a)evidence is given that the person charged was insane at the time the offence was committed; and (b)the jury find that although the person charged did the act or made the omission charged, he was insane,... at that time; (3) Where a court has directed that a finding be recorded in pursuance of sub-section (1) or sub-section (2) the court shall order that the person to whom the finding relates shall be admitted to hospital. (4) An order under sub-section (3) shall have the like effect as a hospital order together with an order restricting the person's discharge, made without limitation of time, [but (without prejudice to any power exercisable by the Court of Appeal under sections 12 and 13 of the Criminal Appeal (Northern Ireland) Act 1980) an appeal] shall not be brought under section fifty-five against any order made under sub-section (3). Subs.(5) rep. by 1968 c.21 s.54 sch.5 (6) Where the Minister is notified by the responsible medical officer that a person detained in a hospital by virtue of an order under this section made in pursuance of a finding recorded under sub-section (1) no longer requires treatment for mental disorder, the Minister may remit that person to prison for trial [by the Crown Court at] the place where, but for the order, he would have been tried, and on his arrival at the prison the order under this section shall cease to have effect. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 57 Provisions as to certain forces' patients. 57.(1) This section applies to any person who, by virtue of any of the following enactments, that is to say (b)section one hundred and sixteen of the Army Act, 1955; (c)section one hundred and sixteen of the Air Force Act, 1955; (d)section sixty-three of the Naval Discipline Act, 1957; (2) The Minister may by warrant direct that any person to whom this section applies shall be detained in such hospital as may be specified in the warrant and, where that person is not already in the hospital, give directions for his removal there. (3) A direction under this section in respect of any person shall have the like effect as a hospital order together with an order restricting his discharge, made without limitation of time; and where such a direction is given in respect of a person while he is in the hospital, he shall be deemed to be admitted in pursuance of, and on the date of, the direction. Removal to hospital of persons serving sentences of imprisonment, etc. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 58 58.(1) If in the case of a person serving a sentence of imprisonment, the Minister is satisfied by reports from at least two medical practitioners (complying with the provisions of this section) (a)that that person is suffering from mental illness or requires special care; and (b)that the mental disorder from which the person is suffering is of a nature or degree which warrants his detention in hospital for medical treatment; (2) A direction under this section (in this Act referred to as a "transfer direction") shall cease to have effect at the expiration of the period of fourteen days beginning with the date on which it is given, unless within that period the person with respect to whom it was given has been received into hospital. (3) A transfer direction with respect to any person shall have the like effect as a hospital order made in his case. (4) Of the medical practitioners whose reports are taken into account under sub-section (1), at least one shall be a practitioner appointed for the purposes of section nineteen.... (5) A transfer direction shall describe the patient as being mentally ill or as requiring special care, or in both those ways; and a transfer direction shall not be given unless each of the reports taken into account under sub-section (1) (whether or not they also describe the patient in both those ways) describes the patient as being mentally ill or, as the case may be, as a person requiring special care. (6) References in this section to a person serving a sentence of imprisonment include references (a)to a person detained in pursuance of any sentence or order for detention made by a court in criminal proceedings, or made or having effect as if made in any proceedings under the Children and Young Persons Act (Northern Ireland), [1968] (other than an order under any enactment to which section fifty-seven of this Act applies, or an order for detention in a remand home under [sub-section (1)(e) of section seventy-four] or in a place of safety under [section one hundred or one hundred and one] of the said [Act of 1968]); (b)to a person committed to custody for failure to comply with an order to enter into recognizances to keep the peace or be of good behaviour; and (c)to a person committed by a court to a prison within the meaning of the Prison Act (Northern Ireland), 1953, in default of payment of any sum adjudged to be paid on his conviction. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 59 Removal to hospital of other prisoners. 59.(1) If in case of a person to whom this section applies the Minister is satisfied by the like reports as are required for the purposes of section fifty-eight (a)that that person is suffering from mental illness or requires special care; and (b)that the mental disorder from which the person is suffering is of a nature or degree which warrants his detention in hospital for medical treatment; (2) This section applies to the following persons (b)persons committed in custody to [the Crown Court] under section four or section six of the Probation Act (Northern Ireland), 1950 [, section 20 of the Treatment of Offenders Act (Northern Ireland) 1968 or Article 3, 9 or 10 of the Treatment of Offenders (Northern Ireland) Order 1976]; (c)persons remanded in custody by [the Crown Court] to await a judgment or sentence which has been respited; (d)persons remanded in custody by a court of summary jurisdiction; (e)persons remanded in custody by a justice of the peace conducting a preliminary investigation of an indictable offence; (f)civil prisoners, that is to say, persons committed by a court to prison for a limited term (including persons committed to prison in pursuance of a writ of attachment), not being persons falling to be dealt with under section fifty-eight; and (g)aliens detained in a prison within the meaning of the Prison Act (Northern Ireland), 1953, in pursuance of the Aliens Order, 1953. (3) Sub-sections (2) to (5) of section fifty-eight shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction given thereunder. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 60 Restriction on discharge of prisoners removed to hospital. 60.(1) Where a transfer direction is given in respect of any person, the Minister may, if he thinks fit, by warrant further direct that that person shall be subject to the special restrictions set out in section fifty-three; and where the Minister gives a transfer direction in respect of any such person as is mentioned in paragraphs (a) to (e) of sub-section (2) of section fifty-nine, he shall also give a direction under this section applying those restrictions to him. (2) A direction under this section (in this Act referred to as a "direction restricting discharge") shall have the like effect as an order restricting the discharge of the patient made under section fifty-three. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 61 Further provisions as to prisoners under sentence. 61.(1) Where a transfer direction and a direction restricting discharge have been given in respect of a person serving a sentence of imprisonment (other than a person detained in a remand home) and the Minister is notified by the responsible medical officer at any time before the expiration of that person's sentence that that person no longer requires treatment for mental disorder, the Minister may (a)by warrant direct that he be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; (b)exercise, or authorise the managers of any training school to which he might have been remitted to exercise, any power of releasing him on licence or discharging him under supervision which would have been exercisable if he had been remitted to such a prison or institution as aforesaid; (2) A direction restricting the discharge of a person serving a sentence of imprisonment (including an order for detention in a remand home under [section eighty-four] of the Children and Young Persons Act (Northern Ireland), [1968], shall cease to have effect on the expiration of the sentence. (3) Subject to sub-section (4), references in this section to the expiration of a person's sentence are references to the expiration of the period during which he would have been liable to be detained in a prison or other institution if the transfer direction had not been given. (4) For the purposes of sub-section (2) of section thirty-eight of the Prison Act (Northern Ireland), 1953 (which provides for discounting from the sentences of certain prisoners periods while they are unlawfully at large), a patient who, having been transferred in pursuance of a transfer warrant from any prison or Borstal institution, is at large in circumstances in which he is liable to be taken into custody under any provision of this Act, shall be treated as unlawfully at large and absent from that prison or institution. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 62 Further provisions as to certain prisoners. 62.(1) Any transfer direction given in respect of any such person as is described in paragraphs (a) to (c) of sub-section (2) of section fifty-nine shall cease to have effect when his case is disposed of by the court to which he was committed or by the court by which he was remanded, as the case may be, but without prejudice to any power of the court to make a hospital order or other order under this Part in his case. (2) Where a transfer direction has been given in respect of any such person as is described in paragraphs (a) to (c) of the said sub-section (2), then (a)if the Minister is notified by the responsible medical officer at any time before that person is brought before the court to which he was committed or by which he was remanded that he no longer requires treatment for mental disorder, the Minister may by warrant direct that he be remitted to any place where he might have been detained if he had not been committed to the care of [the Ministry], there to be dealt with as if he had not been committed to their care, and on his arrival at the place to which he is so remitted the transfer direction shall cease to have effect; (b)if (a direction not having been given under paragraph (a)) it appears to that court that it is impracticable or inappropriate to bring that person before the court and the conditions set out in sub-section (3) are satisfied, the court may make a hospital order (with or without an order restricting discharge) in his case in his absence and, in the case of a person committed for trial, without convicting him. (3) A hospital order may be made in respect of a person under paragraph (b) of sub-section (2) if the court (a)is satisfied, on the oral evidence of at least two medical practitioners (complying with sub-section (1) of section fifty), that that person is suffering from mental disorder of a nature or degree which warrants his detention in hospital for medical treatment; and (b)is of opinion, after considering any depositions or other documents required to be sent to the proper officer of the court, that it is proper to make such an order. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 63 Further provisions as to persons remanded by courts of summary jurisdiction or justices of the peace. 63.(1) A transfer direction given in respect of a person remanded in custody by a court of summary jurisdiction shall cease to have effect on the expiration of the period of remand. (2) A transfer direction given in respect of any person remanded in custody by a justice of the peace conducting a preliminary investigation shall cease to have effect on the expiration of the period of remand unless, upon his being brought before the justice of the peace, he is committed in custody for trial at [the Crown Court], and, if he is so committed, section sixty-two shall apply as if the transfer direction given in his case were a direction given in respect of a person so committed. (3) Where a transfer direction has been given in respect of a person remanded in custody by a court of summary jurisdiction or a justice of the peace conducting a preliminary investigation, the court or, as the case may be, the justice may further remand that person without bringing him before the court or the justice; and if the court or justice further remands such a person in custody (whether or not he is brought before the court or justice) the period of remand shall, for the purposes of this section, be deemed not to have expired. (4) Where (a)a transfer direction has been given in respect of a person remanded in custody by a court of summary jurisdiction; and (b)it appears to that court that it is impracticable or inappropriate to bring that person before the court; and (c)the conditions set out in sub-section (3) of section sixty-two are satisfied; (5) Where a transfer direction in respect of any person ceases to have effect under this section, then he shall, subject to sub-section (6), continue to be liable to be detained in the hospital in which he was detained under the transfer direction as if he had been admitted thereto, on the date on which that direction ceased to have effect, in pursuance of an application for admission made under Part II, and the provisions of this Act shall apply accordingly. (6) The provisions of sub-section (5) shall not apply where a transfer direction in respect of any person ceases to have effect under sub-section (1) and (a)the court of summary jurisdiction before which he is brought on the expiration of the period of remand passes a sentence of imprisonment (within the meaning of sub-section (6) of section fifty-eight) on him, or makes a hospital order or guardianship order in his case; or (b)the court by which his case is considered pursuant to sub-section (4) makes a hospital order in his case. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 64 Further provisions as to civil prisoners. 64.(1) Any transfer direction given in respect of a civil prisoner shall cease to have effect on the expiration of the period during which he would, but for his committal to the care of [the Ministry], be liable to be detained in prison. (2) Where a transfer direction given in respect of any person ceases to have effect by virtue of this section, he shall continue to be liable to be detained in the hospital in which he was detained in pursuance of that warrant as if he had been admitted thereto, on the date on which the warrant ceased to have effect, in pursuance of an application for admission made under Part II, and the provisions of this Act shall apply accordingly. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 65 Reception into guardianship of persons sent to training schools. 65.(1) If in the case of a child or young person detained in a training school the Minister is satisfied by the like reports as are required for the purposes of section fifty-eight that the child or young person is suffering from mental disorder of a nature or degree which warrants his reception into guardianship under this Act, the Minister may, if he is of opinion having regard to the public interest and to all the circumstances that it is expedient to do so, by warrant direct that the child or young person be placed under the guardianship of a [Health and Social Services Board] or such other person approved by a [Health and Social Services Board] as may be specified in the direction. (2) A direction shall not be given under this section placing a person under the guardianship of a [Health and Social Services Board] or other person unless the Minister is satisfied as to the willingness of that [Board] or person to receive the child or young person into guardianship. (3) A direction under this section with respect to any person shall have the like effect as a guardianship order made in his case. Interpretation. (Part III). MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 66 66.(1) In this Part "child" and "young person" have the same meaning as in the Children and Young Persons Act (Northern Ireland), [1968]; "civil prisoner" has the meaning assigned by paragraph (f) of sub-section (2) of section fifty-nine; "guardian", in relation to a child or young person, has the same meaning as in the Children and Young Persons Act (Northern Ireland), [1968]; "the Minister" has the meaning assigned by paragraph (c) of sub-section (3) of section fifty-three; "place of safety", in relation to a person not being a child or young person, means any Royal Ulster Constabulary station or prison, or any hospital [of which the administering Health and Social Services Board is] willing temporarily to receive him, and in relation to a child or young person has the same meaning as in the Children and Young Persons Act (Northern Ireland), [1968]; "remand home" means a remand home registered under [Part IX] of the Children and Young Persons Act (Northern Ireland, [1968]; "training school" means a school approved under [section one hundred and thirty-seven] of the Children and Young Persons Act (Northern Ireland), [1968]. (2) Any reference in this Part to an offence punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of children and young persons. (3) Where a patient who is liable to be detained in a hospital in pursuance of an order or direction under this Part is treated by virtue of any provision of this Part as if he had been admitted to the hospital in pursuance of a subsequent order or direction or a subsequent application for admission under Part II, he shall be treated as if the subsequent order, direction or application had described him as suffering from the form or forms of mental disorder specified in the earlier order or direction or, where he is treated as if he had been so admitted by virtue of a direction under sub-section (1) of section fifty-four, such form of mental disorder as may be specified in the direction under that sub-section. (4) In the following provisions sub-sections (2) to (7) of section fifty-one; sub-sections (3) to (5) of section fifty-three; and section fifty-four; (5) References in this Part to persons serving a sentence of imprisonment shall be construed in accordance with sub-section (6) of section fifty-eight. (6) References in this Part to courts of summary jurisdiction do not include references to justices of the peace sitting out of petty sessions to hear and determine any charge. (7) [Section one hundred and seventy-four] of the Children and Young Persons Act (Northern Ireland), [1968] (which relates to the presumption and determination of age), shall apply for the purposes of this Part as it applies for the purposes of that Act. Registration of private hospitals. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 67 67.(1) Every private hospital shall be registered, and the following provisions of this Part shall apply to the registration, conduct and inspection of private hospitals. (2) An application for the registration of premises as a private hospital shall be made in writing to the Ministry by or on behalf of the person proposing to carry on the hospital, and shall be accompanied by a fee of [25p]. (3) Subject to section sixty-eight, the Ministry may register the premises named in the application and issue to the person proposing to carry on the hospital a certificate of registration. (4) A certificate of registration shall (a)specify the maximum number of persons who at any one time may receive care or treatment in the hospital to which the certificate relates; and (b)contain such conditions as the Ministry may consider appropriate for regulating the category of patients who may be received into the hospital. (5) A certificate of registration shall, unless cancelled or surrendered, continue in force for a period of five years from its date of issue, but shall be renewable on a fresh application. (6) A certificate of registration shall be kept fixed conspicuously in the hospital to which it relates, and if this requirement is not complied with the person carrying on the hospital shall be guilty of an offence under this Part. (7) In this Act "private hospital" means any premises used or intended to be used for the reception of, and the provision of treatment for, one or more patients subject to detention under this Act (whether or not other persons are received and treated), not being a hospital vested in [the Ministry] [and not being premises managed by the service authorities of a visiting force or by a headquarters]. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 68 Prerequisites of registration. 68.(1) The Ministry shall not issue a certificate of registration unless the Ministry is satisfied (a)that the person proposing to carry on the hospital is a fit person for this purpose, having regard to his age, conduct and any other relevant consideration; and (b)that the premises are fit to be used for a private hospital; and (c)that the arrangements proposed for patients are suitable and adequate; and (d)that the medical and nursing staff proposed is adequate for the hospital and is suitably trained and qualified. (2) Nothing in the foregoing provisions of this Part shall be construed as requiring the Ministry to issue a certificate of registration. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 69 Control of private hospitals. 69.(1) It shall be the duty of any person carrying on a private hospital (a)to keep the hospital open to inspection in pursuance of this section at all reasonable times; (b)to keep such registers and records as the Ministry may by regulations prescribe, and to keep those registers and records open to inspection; (c)to ensure that any conditions specified in the certificate of registration are complied with; (d)to afford to [the High Court] and the Review Tribunal all such facilities as are necessary for [them] to exercise their functions under this Act; (2) It shall be the duty of the Ministry to ensure by regular inspection of any private hospital that that hospital is being properly carried on, and for the purpose of making an inspection in pursuance of this section, any person authorised in that behalf by the Ministry may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, enter and inspect any premises which are used, or which he reasonably believes to be used, for the purposes of a private hospital. (3) Any person authorised under sub-section (2) may interview any patient in private. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 70 Cancellation of registration. 70.(1) The Ministry may at any time cancel a registration of a private hospital (a)on any ground on which the Ministry might have refused to register that hospital; or (b)on the ground that the person carrying on the hospital has been convicted of an offence under this Act. (2) On the cancellation of a registration, the person who is or was carrying on the hospital shall forthwith deliver up the certificate to the Ministry, and if that person fails to do so, the holder of the certificate shall be guilty of an offence under this Part. (3) Where at the time of the cancellation of a registration any patient is liable to be detained on the premises concerned, the registration shall, notwithstanding the cancellation, continue in force until the expiration of a period of twenty-eight days from the date of cancellation or until every such patient has ceased to be so liable, whichever first occurs. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 71 Application of Act to private hospitals. 71. The Ministry may by regulations, which shall be subject to affirmative resolution, apply to, or in relation to, private hospitals such of the provisions of this Act (other than this Part) as the Ministry may think fit, subject to such adaptations and modifications as appear to the Ministry to be necessary. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 72 Offences and penalties under Part IV. 72.(1) Any person who carries on a private hospital which is not registered under this Part shall be guilty of an offence and liable on summary conviction, where it is a first offence, to a fine not exceeding fifty pounds or, where it is a second or subsequent offence, to that fine, or to imprisonment for a term not exceeding three months, or to both. (2) Any person guilty of an offence under this Part (other than the offence mentioned in sub-section (1)) shall be liable on summary conviction to a fine not exceeding [#20]. Duty of Health and Social Services Board in relation to property. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 73 73.(1) Where a [Health and Social Services Board] are satisfied (a)that any person in their area is incapable, by reason of mental disorder, of managing his affairs; and (b)that a committee ought to be appointed in respect of the estate of that person; and (c)that arrangements in that behalf have neither been made nor are being made; Subs.(2) rep. by 1971 c.2 (NI) s.47 sch.4 MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 74 Notice concerning certain patients. 74. It shall be the duty of [Health and Social Services Boards] and persons carrying on private hospitals to send to [the Office of Care and Protection] a notice within such time and in such form as [rules of court] may prescribe, of any person who is within their care, and whom they have reason to believe is incapable of managing his affairs by reason of mental disorder. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 75 Pay, pensions, etc., of patients. 75.(1) Where any payment falls to be made to any person by way of pay or pension or otherwise in connection with the service or employment of that or any other person, and the payment falls to be made directly out of moneys provided by Parliament or the Consolidated Fund, or other moneys administered by or under the control or supervision of a Government department, the authority by whom the sum in question is payable, if satisfied after considering medical evidence that the person to whom it is payable (in this section referred to as "the patient") is incapable by reason of mental disorder of managing and administering his property and affairs, may, instead of paying the sum to the patient, apply it in accordance with sub-section (2). (2) Unless a committee, receiver or guardian has been appointed in Northern Ireland in respect of the patient's estate, the authority may pay the sum or such part thereof as they think fit to the institution or person having the care of the patient, to be applied for his benefit, and may pay the remainder, if any, or such part thereof as they think fit (a)to or for the benefit of persons who appear to the authority to be members of the patient's family or other persons for whom the patient might be expected to provide if he were not mentally disordered; or (b)in reimbursement, with or without interest, of money applied by any person either in payment of the patient's debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in paragraph (a). The Mental Health Review Tribunal for Northern Ireland. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 76 76.(1) The Review Tribunal shall be constituted in accordance with the Third Schedule. (2) The Ministry may pay to the members of the Review Tribunal such remuneration and allowances as the Ministry may with the consent of the [Department of the Civil Service] determine, and defray the expenses of the tribunal to such amount as the Ministry may with the like consent determine, and may provide for the tribunal such officers and services, and such accommodation, as the tribunal may require. Subs.(3) rep. by 1975 c.25 s.5(2) sch.3 Pt.II MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 77 Applications to the Review Tribunal. 77.(1) An application to the Review Tribunal shall be made by notice in writing, and, except in such cases and at such times as are expressly provided by this Act, an application shall not be made to the Review Tribunal by or in respect of a patient. (2) Where, under any provision of this Act, any person is authorised to make an application to the Review Tribunal within a specified period, not more than one such application shall be made by that person within that period. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 78 Powers of the Review Tribunal. 78.(1) Where application is made to the Review Tribunal by or in respect of a patient who is liable to be detained under this Act, the tribunal may in any case direct that the patient be discharged, and shall so direct if they are satisfied (a)that he is not then suffering from mental disorder; or (b)that it is not necessary in the interests of the patient's health or safety or for the protection of other persons that the patient should continue to be liable to be detained; or (c)in the case of an application under sub-section (3) of section thirty-six, that the patient, if released, would not be likely to act in a manner dangerous to other persons or to himself or, as the case may be, that he would receive proper care. (2) Where application is made to the Review Tribunal by or in respect of a patient who is subject to guardianship under this Act, the tribunal may in any case direct that the patient be discharged, and shall so direct if they are satisfied (a)that he is not then suffering from mental disorder; or (b)that it is not necessary in the interests of the patient or for the protection of other persons that the patient should remain under such guardianship. (3) Where application is made to the Review Tribunal under any provision of this Act by or in respect of a patient and the tribunal do not direct that the patient be discharged, the tribunal may, if satisfied that the patient is suffering from a form of mental disorder other than the form specified in the relevant application, order or direction, direct that that application, order or direction be amended by substituting for the form of mental disorder specified therein a description of the patient as suffering from mental illness or, as the case may be, as a person requiring special care, or both, being the description which appears to the tribunal to be appropriate. (4) This section shall apply in relation to references to the Review Tribunal under section forty-five as it applies in relation to applications to the tribunal by or in respect of patients, but shall not apply in relation to any reference by the Minister of Home Affairs under section fifty-four. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 79 Procedure on applications to the Review Tribunal. 79.(1) The Lord Chief Justice may make rules with respect to the making of applications to the Review Tribunal, and with respect to the proceedings of the tribunal and matters incidental to or consequential on those proceedings. (2) Rules made under this section may in particular make provision (a)for enabling the Review Tribunal, the chairman thereof or any member thereof appointed for the purpose by the chairman, to postpone the consideration of any application by or in respect of a patient until the expiration of such period (not exceeding twelve months) as may be specified in the rules from the date on which an application by or in respect of the same patient was last considered and determined by the Review Tribunal; (b)for enabling the Review Tribunal to dispose of an application without any formal hearing where such a hearing is not requested by the applicant or it appears to the tribunal that such a hearing would be detrimental to the health of the patient; (c)for enabling the Review Tribunal to exclude members of the public from any proceedings of the tribunal, or to prohibit the publication of reports of any such proceedings or the names of any persons concerned in those proceedings; (d)for regulating the circumstances in which, and the person by whom, applicants and patients in respect of whom applications are made to the Review Tribunal may, if not desiring to conduct their own case, be represented for the purposes of those applications; (e)for regulating the methods by which information relevant to an application may be obtained by or furnished to the Review Tribunal, and in particular for authorising the members of the tribunal, or any one or more than one of them, to visit and interview in private any patient by or in respect of whom an application has been made; (f)for making available to any applicant, and to any patient in respect of whom an application is made to the Review Tribunal, copies of any documents obtained by or furnished to the tribunal in connection with the application, and a statement of the substance of any oral information so obtained or furnished except where the tribunal consider it undesirable in the interests of the patient or for other special reasons; (g)for requiring the Review Tribunal, if so requested in accordance with the rules, to furnish such statements of the reasons for any decision given by the tribunal as may be prescribed by the rules, subject to any provision made by the rules for withholding such a statement from a patient or any person where the tribunal consider that furnishing it would be undesirable in the interests of the patient or for other special reasons; (h)for conferring on the Review Tribunal such ancillary powers as the Lord Chief Justice thinks necessary for the exercise of the tribunal's functions under this Act. (3) Sub-sections (1) and (2) shall apply in relation to references to the Review Tribunal as they apply in relation to applications to the tribunal by or in respect of patients. (4) The Review Tribunal may, and if so required by the [Court of Appeal] shall, state in the form of a special case for determination by the [Court of Appeal] any question of law which may arise before them. (5) The Arbitration Act (Northern Ireland), 1937, shall not apply to any proceeding before the tribunal except so far as any provisions of that Act may be applied, with or without modifications, by rules made under this section. Special accommodation . MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 80 80.(1) [The Ministry] may provide such accommodation (in this Act referred to as "special accommodation") as appears to [it] to be necessary for persons subject to detention under this Act who, in the opinion of [the Ministry], require treatment under conditions of special security on account of their dangerous, violent or criminal propensities. Subs.(2)(3) rep. by 1972 NI 14 art.109(3) sch.18 S.81 rep. by 1971 c.2 (NI) s.47 sch.4. Ss.8286 rep. by 1972 NI14 art.109(3) sch.18 MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 87 Information to be supplied by certain authorities and persons. 87.(1) [A Health and Social Services Board and a person carrying on a private hospital shall] furnish to [the High Court], the Review Tribunal, the Ministry and [the Office of Care and Protection] such returns, reports and other information in relation to patients within their care [(a)as the High Court may require for the exercise of its jurisdiction under section 28 of the Judicature (Northern Ireland) Act 1978]; or (b)as the Review Tribunal may require for the exercise of their functions under this Act; or (c)as the Ministry may require for the exercise of the Ministry's functions under this Act; or (d)as [the said Office] may require for the exercise of their functions with respect to the estates of persons incapable of managing their affairs. (2) [A Health and Social Services Board shall] afford to the [High Court] and the Review Tribunal all such facilities as are necessary for [them] to exercise their functions under this Act. Ss. 88, 89 rep. by 1972 NI 14 art.109(3) sch.18 Medical practitioners' fees. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 90 90. There may be paid to any medical practitioner who gives any recommendation, report, or certificate required by or under this Act, such fees as may be prescribed, subject to such exceptions and conditions as are prescribed. S.91 rep. by 1972 NI 14 art.109(3) sch.18 MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 92 Pocket-money for in-patients. 92.(1) [A Health and Social Services Board] may, subject to the approval of the Ministry, pay to persons who are receiving treatment as patients (whether liable to be detained or not) in hospitals (other than private hospitals), such amounts as [that Board thinks] fit in respect of those persons' occasional personal expenses where it appears to [the Board] that those persons would otherwise be without resources to meet those expenses. Subs.(2) rep. by 1972 NI 14 art.109(3) sch.18 Ss. 93, 94 rep. by 1972 NI 14 art.109(3) sch.18. S.95 rep. by SLR 1976. S.96 rep. by 1972 NI 14 art.109(3) sch.18. S.97 rep. by 1978 NI26 art.19(2) sch.2 Forgery, false statements etc. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 98 98.(1) Any person who, with intent to deceive, forges any of the following documents, that is to say (a)any application under Part II; (b)any recommendation for admission or guardianship or medical report under this Act; (c)any other document required or authorised to be made for any of the purposes of this Act; (2) Any person who wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Act or, with intent to deceive, makes use of any such entry or statement which he knows to be false, shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding five hundred pounds, or to both. (4) In this section "forge" has the same meaning as in the Forgery Act, 1913. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 99 Unlawful detention of patients. 99.(1) Any person who knowingly receives and detains otherwise than in accordance with this Act or by virtue of a jurisdiction excepted from the operation of this Act a person suffering from mental disorder shall be guilty of an offence. (2) Any person who exercises in relation to any patient any power of detention, or any other power conferred on him by or under this Act, after he has knowledge that the power has expired, shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding five hundred pounds, or to both. (4) If any person is charged with an offence under this section... further proceedings on such a charge shall not be taken against him except by or with the consent of the Attorney General. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 100 Ill-treatment of patients. 100.(1) Any person who, being an officer on the staff of or otherwise employed in a hospital or private hospital, or being a member of [the Health and Social Services Board administering] a hospital, or a person carrying on a private hospital (a)ill-treats or wilfully neglects a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or private hospital; or (b)ill-treats or wilfully neglects, on the premises of which the hospital or private hospital forms part, a patient for the time being receiving such treatment there as an out-patient; (2) Any individual who ill-treats or wilfully neglects a mentally disordered patient who is for the time being subject to his guardianship under this Act or otherwise in his custody or care shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine not exceeding five hundred pounds, or to both. (4) If any person is charged with an offence under this section... further proceedings on such a charge shall not be taken against him except by or with the consent of the Attorney General. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 101 Protection of female patients. 101.(1) Any person who (a)has unlawful sexual intercourse with a woman to whom this section applies; or (b)procures any woman to whom this section applies to have unlawful sexual intercourse with men or with any particular man; or (c)causes or encourages the prostitution of any woman to whom this section applies; or (d)being the owner or occupier of any premises, or having or acting or assisting in, the management or control of any premises, induces or knowingly suffers any woman to whom this section applies to resort to, or be in or upon, those premises for the purpose of having unlawful sexual intercourse with men or with any particular man; or (e)with intent that any woman to whom this section applies should have unlawful sexual intercourse with men or with any particular man, takes or causes to be taken that woman out of the possession of and against the will of her parent or other person having the lawful care or charge of her; (2) A person shall not be guilty of an offence under sub-section (1) if he proves that he did not know and had not any reason to suspect that the woman in respect of whom he is charged was a woman to whom this section applies. (3) Without prejudice to sections one and two of the Criminal Law Amendment Act (Northern Ireland), 1923 (which preclude defences of consent and reasonable belief as to age in relation to certain offences against young persons), it shall not be a defence to any proceedings for an indecent assault upon a woman to whom this section applies to prove the consent of that woman to the act complained of if the accused knew or had reason to suspect that the woman who gave her consent was a woman to whom this section applies. (4) Section ten of the Criminal Law Amendment Act, 1885 (which relates to the issue of search warrants), shall have effect in relation to any woman to whom this section applies as it has effect in relation to any girl under the age of seventeen years. (5) Section four of the Criminal Evidence Act (Northern Ireland), 1923 (which makes an accused's spouse a competent witness in relation to offences under the enactments specified in the First Schedule to that Act), shall have effect as if this section were included in that Schedule. Subs.(6) rep. by 1967 c.18 (NI) s.15(2) sch.1 (7) If any person is charged with an offence under this section... further proceedings on such a charge shall not be taken against him except by or with the consent of the Attorney General. (8) In this section "woman to whom this section applies" means any woman or girl who (a)is liable to be detained under this Act or by order of the [High Court]; or (b)(not being liable to be detained as mentioned in paragraph (a)) is a person requiring special care. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 102 Assisting patients to absent themselves without leave, etc. 102.(1) Any person who induces or knowingly assists any other person (a)being liable under this Act to be detained in a hospital or private hospital, or being subject to guardianship under this Act, to absent himself without leave; or (b)being in legal custody by virtue of section one hundred and seven, to escape from such custody; (2) Any person who knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under this Act, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be, shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both; (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding five hundred pounds, or to both. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 103 Obstruction. 103.(1) Any person who refuses to allow the inspection of any premises, or without reasonable cause refuses to allow the visiting, interviewing or examination of any person by a person authorised in that behalf by or under this Act, or to produce for the inspection of any person so authorised any document or record the production of which is duly required by him, or otherwise obstructs any such person in the exercise of his functions, shall be guilty of an offence. (2) Without prejudice to the generality of sub-section (1), any person who insists on being present when requested to withdraw by a person authorised as aforesaid to interview or examine a person in private, shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds, or to both. S.104 rep. by 1972 NI 14 art.109(3) sch.18 Warrant to search for and remove patients. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 105 105.(1) If it appears to a justice of the peace, on information on oath laid by [an officer of a Health and Social Services Board] or a constable, that there is reasonable cause to suspect that a person believed to be suffering from mental disorder (a)has been, or is being, ill-treated, neglected or kept otherwise than under proper control; or (b)being unable to care for himself, is living alone; (2) If it appears to a justice of the peace, on information on oath laid by [an officer of a Health and Social Services Board] or a constable (a)that there is reasonable cause to believe that a patient who, under this Act, is liable to be taken to any place, or to be taken into custody or to be retaken, is to be found on any premises; and (b)that admission to the premises has been refused or that a refusal of such admission is apprehended; (3) If it appears to a justice of the peace, on information on oath laid by any person authorised by or under section ninety-three of the Mental Health Act, 1959, or section eighty-three of the Mental Health (Scotland) Act, 1960, to take into custody in Northern Ireland any person who may be so taken (a)that there is reasonable cause to believe that a person who may be taken into custody by virtue of either of the aforesaid enactments, is to be found on any premises; and (b)that admission to the premises has been refused or that a refusal of such admission is apprehended; (4) A patient who is removed to a place of safety in the execution of a warrant issued under this section may be detained there for a period not exceeding seventy-two hours. (5) It shall not be necessary in any information or warrant under sub-section (1) to name the person concerned. (6) In this section "place of safety" means any hospital, [of which the administering Health and Social Services Board is] willing temporarily to receive persons who may be taken there under this Act, any Royal Ulster Constabulary station, or any other suitable place the occupier of which is willing temporarily to receive such persons. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 106 Mentally disordered persons found in public places. 106.(1) If a constable finds in a place to which the public have access a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety within the meaning of section one hundred and five. (2) A person removed to a place of safety under this section may be detained there for a period not exceeding seventy-two hours for the purpose of enabling him to be examined by a medical practitioner and to be interviewed by a [social worker] and of making any necessary arrangements for his care or treatment. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 107 Provisions as to custody, conveyance and detention. 107.(1) Any person required or authorised by or by virtue of this Act to be conveyed to any place or to be kept in custody or detained in a place of safety or at any place to which he is taken under sub-section (5) of section fifty-four shall, while being so conveyed, kept or detained, as the case may be, be deemed to be in legal custody. (2) A constable or any other person required or authorised by or by virtue of this Act to take any person into custody, or to convey or detain any person shall, for the purposes of taking him into custody or conveying or detaining him, have all the powers, authorities, protection and privileges which a constable has within the area for which he acts as constable. (3) In this section "convey" includes any other expression denoting removal from one place to another. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 108 Retaking of patients escaping from custody. 108.(1) If any person being in legal custody by virtue of section one hundred and seven escapes, he may, subject to sub-sections (2) to (6), be retaken (a)in any case, by the person who had his custody immediately before the escape, or by any constable or [social worker]; (b)if at the time of the escape he was liable to be detained in a hospital or subject to guardianship under this Act, by any other person who could take him into custody under section thirty if he had absented himself without leave. (2) A person who escapes as aforesaid when liable to be detained or subject to guardianship as mentioned in paragraph (b) of sub-section (1) (not being a person subject to an order under Part III restricting his discharge or an order or direction having the like effect as such an order) shall not be retaken under this section after the expiration of the period within which he could be retaken under section thirty if he had absented himself without leave on the day of the escape; and sub-section (3) of section thirty shall apply with the necessary modifications accordingly. (3) A person who escapes while being taken to or detained in a place of safety under section one hundred and five or section one hundred and six shall not be retaken under this section after the expiration of the period of seventy-two hours beginning with the time when he escapes or the period during which he is liable to be so detained, whichever expires first. (4) This section, so far as it relates to the escape of a person liable to be detained in a hospital, shall apply in relation to a person who escapes (a)while being taken to or from a hospital in pursuance of section thirty-one, or of any order or direction under Part III; or (b)while being taken to or detained in a place of safety in pursuance of an order under Part III pending his admission to a hospital; (5) This section, so far as it relates to the escape of a person liable to be detained in a hospital, shall apply in relation to a person who, being in legal custody by virtue of the Mental Health Act, 1959, or the Mental Health (Scotland) Act, 1960, escapes while being taken to a hospital in pursuance of any direction or authorisation under Part VI of either of those Acts as if (a)he were in legal custody by virtue of section one hundred and seven; and (b)he were liable to be detained in the hospital to which he is being taken and had previously been received therein. (6) In computing for the purposes of sections fifty-one and fifty-two the period of twenty-eight days therein mentioned, any time during which the patient is at large and liable to be retaken by virtue of this section shall be left out of account. (7) Section thirty-three shall, with any necessary modifications, apply in relation to a patient who is at large and liable to be retaken by virtue of this section as it applies in relation to a patient who is absent without leave within the meaning of section thirty, and references therein to section thirty shall be construed accordingly. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 109 Notification of nearest relative in certain cases. 109. Where a patient is admitted to a hospital under Part II otherwise than on the application of his nearest relative, it shall be the duty of the [Health and Social Services Board administering] that hospital to inform that relative to that effect as soon as may be practicable. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 110 Admission of patients to specified hospitals. 110.(1) Where an application for admission, duly completed in accordance with Part II, is made in respect of any patient, [the Ministry] may by order in writing direct that that patient shall be admitted to any hospital specified in the order. (2) Where [the Ministry] issue an order under sub-section (1) (a)sub-section (2) of section thirty-one shall apply in relation to the patient as if he had been transferred to the hospital specified in the order in pursuance of sub-section (1) of that section; and (b)it shall be the duty of the [Health and Social Services Board administering] the hospital specified in the order to admit the patient to that hospital. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 111 Protection for acts done in pursuance of this Act. 111.(1) A person shall not be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules thereunder, unless the act was done in bad faith or without reasonable care. (2) Civil or criminal proceedings shall not be brought against any person in any court in respect of any such act without the leave of [a judge of the High Court, who] shall not give leave under this section unless satisfied that there is a prima facie case for the contention that the person to be proceeded against has acted in bad faith or without reasonable care. (3) This section does not apply to proceedings for an offence under this Act, being proceedings which are instituted by, or by the direction of, the Attorney General or proceedings under section ninety-nine, one hundred or one hundred and one. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 112 Regulations. 112.(1) The Ministry may make regulations for prescribing anything which, under this Act, is required or authorised to be prescribed, and otherwise for carrying this Act into effect. [(2) Regulations under sub-section (1) for the purposes of section 2(2) or 90 shall be subject to the consent of the Department of Finance.] (3) Regulations and rules made under this Act (other than regulations made under section seventy-one) shall be subject to negative resolution. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 113 Interpretation. 113.(1) In this Act Definition rep. by 1972 NI 14 art.109(3) sch.18 "absent without leave" has the meaning assigned by section thirty; ["compulsory school age" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1972;] Definition rep. by 1978 c.23 s.122(2) sch.7 Pt.II ["Health and Social Services Board" means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;] Definition rep. by 1972 NI 14 art.109(3) sch.18 "hospital" means (a)any hospital or institution vested in [the Ministry]...; (b)any special accommodation vested in [the Ministry]; Definitions rep. by 1972 NI 14 art.109(3) sch.18; 1978 c.23 s.122(2) sch.7 Pt.II "medical practitioner" means a registered medical practitioner within the meaning of the Medical Act, 1956; "medical report" has the meaning assigned by section nineteen; "medical treatment" includes nursing, and also includes care and training under medical supervision; "mentaldisorder" has the meaning assigned by section seven; "Ministry" has the meaning assigned by section one; "nearest relative", in relation to a patient, has the meaning assigned to it in Part II; "patient" means a person suffering or appearing to be suffering from mental disorder; "person requiring special care" has the meaning assigned by section seven; "private hospital" has the meaning assigned by section sixty-seven; "recommendation for admission" has the meaning assigned by section fourteen; "recommendation for guardianship" has the meaning assigned by section twenty-one; "responsible medical officer" has the meaning assigned to it in Part II; "the Review Tribunal" means the Mental Health Review Tribunal for Northern Ireland constituted under the Third Schedule; ["social worker" means an officer of a Health and Social Services Board designated by it, with the approval of the Ministry, to act as social worker for the purposes of this Act;] "special accommodation" has the meaning assigned to it in Part VII; Definitions rep. by 1972 NI 14 art.109(3) sch.18 (3) In relation to a person who is liable to be detained or subject to guardianship by virtue of an order or direction under Part III, any reference in this Act to any enactment contained in Part II shall be construed as a reference to that enactment as it applies to that person by virtue of Part III. (4) For the purposes of this Act a person shall be deemed not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the date of his birth. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 114 Transitional provisions. 114. The transitional provisions set out in the Fourth Schedule shall have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 115 Amendment of the Mental Health Act, 1959, and the Mental Health (Scotland) Act, 1960. 115.(1) Pursuant to section one hundred and fifty-one of the Mental Health Act, 1959, that Act shall have effect subject to the amendments specified in Part I of the Fifth Schedule. (2) Pursuant to section one hundred and fifteen of the Mental Health (Scotland) Act, 1960, that Act shall have effect subject to the amendments specified in Part II of the Fifth Schedule. (3) The power to make regulations under section one hundred and twelve shall include power to make regulations in respect of the application of this Act to patients removed to Northern Ireland under Part VI of the Mental Health Act, 1959, or, as the case may be, Part VI of the Mental Health (Scotland) Act, 1960. S.116(1), with Sixth Schedule, effects amendments; subs.(2) rep. by SLR 1973 Saving for prerogative jurisdiction in lunacy. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 117 117.Subs.(1) rep. by 1978 c.23 s.122(2) sch.7 Pt.II (2) Nothing in this Act shall prejudicially affect any power which is exercisable by [the High Court under section 28 of the Judicature (Northern Ireland) Act 1978], in relation to persons incapable of managing their affairs or the estates of such persons. (3) Without prejudice to the generality of sub-section (2), the definition in this Act of the expression "mental disorder" shall not affect the use of the expression "unsound mind", or any grammatical variation thereof, in the exercise of any power referred to in that sub-section. MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 118 Short title and commencement. 118.(1) This Act may be cited as the Mental Health Act (Northern Ireland), 1961. (2) Commencement First Schedule rep. by 1969 c.36 (NI) s.48 sch.3; 1972 NI14 art.109(3) sch.18 TSection of Part II andsubject matterHospital order without restriction (s.48) TSection of Part II andsubject matterHospital order without restriction (s.48) TSection of Part II andsubject matterHospital order without restriction (s.48) TSection of Part II andsubject matterHospital order without restriction (s.48) TSection of Part II andsubject matterHospital order without restriction (s.48) "(2) A patient admitted to hospital in pursuance of an order or direction under Part III may, subject to the provisions of this Act, be detained in hospital for a period not exceeding six months beginning with the date of the relevant order or direction, but shall not be so detained for any longer period unless the authority for his detention is renewed in accordance with this Part." 1. The Review Tribunal shall consist of the following persons, that is to say (a)not more than two persons (in this Schedule referred to as "the legal members") appointed by the Lord Chief Justice and having such legal experience as the Lord Chief Justice considers suitable; (b)not more than two persons (in this Schedule referred to as "the medical members") being medical practitioners appointed by the Lord Chief Justice after consultation with the Minister of Health and Local Government; and (c)not more than two persons appointed by the Lord Chief Justice after consultation with the Minister of Health and Local Government and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chief Justice considers suitable. 2. The members of the Review Tribunal shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chief Justice; and any such member who ceases to hold office shall be eligible for re-appointment. 3. The Lord Chief Justice shall appoint one of the legal members of the Review Tribunal as chairman thereof, and another member of the tribunal as deputy chairman thereof. 4.(1) Subject to sub-paragraph (2) and to rules made by the Lord Chief Justice under section seventy-nine, the Review Tribunal when sitting for the purposes of any proceedings or any class or group of proceedings under this Act shall consist of a legal member, a medical member and a member who is neither a legal nor a medical member. (2) If the Lord Chief Justice, either in a particular case or generally, so directs, the Review Tribunal (a)when sitting for the purposes of any such proceedings as aforesaid shall consist of five members; and (b)may for the purposes of any proceedings which are of a preliminary or interlocutory nature consist of one member. 5. The chairman of the Review Tribunal or, if for any reason he is unable to act, the deputy chairman shall appoint the members who are to constitute the tribunal for the purposes of any proceedings referred to in paragraph 4. 1.(1) This paragraph applies, subject to sub-paragraph (2), to patients who immediately before the commencement of this Act were patients of any of the following classes, that is to say (a)patients liable to be detained in a hospital by virtue of section twelve of the Lunatic Asylums (Ireland) Act, 1875; (b)temporary patients liable to be detained in a mental hospital or other place by virtue of Part II of the Mental Health Act (Northern Ireland), 1948 (including patients who are treated by virtue of any enactment as such temporary patients); (c)certified patients liable to be detained in a mental hospital or other place in pursuance of a judicial order made under Part II of the Mental Health Act (Northern Ireland), 1948 (including patients in whose case a judicial order was treated by virtue of any enactment as having been so made); (d)patients, being persons requiring special care, liable to be detained in an institution or subject to guardianship or supervision in pursuance of a judicial order made under Part III of the Mental Health Act (Northern Ireland), 1948 (including patients in whose case a judicial order was treated by virtue of any enactment as having been so made). (2) Notwithstanding anything in heads (c) and (d) of sub-paragraph (1), this paragraph does not apply to patients who immediately before the commencement of this Act were patients of any of the following classes, that is to say (a)patients liable to be detained in an institution or subject to guardianship by virtue of section thirty-seven of the Mental Health Act (Northern Ireland), 1948, being patients referred to in paragraph (a) of that section or patients referred to in paragraph (b) of that section whose sentences of imprisonment had not expired before the commencement of this Act; (b)patients liable to be detained in a hospital or institution by virtue of sub-section (2) of section eighty-six of the Mental Health Act, 1959, or sub-section (2) of section seventy-eight of the Mental Health (Scotland) Act 1960, being in each case patients in respect of whom orders restricting their discharge were in force immediately before the said commencement; (c)patients liable to be detained in a hospital or institution by virtue of paragraph (b) of sub-section (3) or paragraph (b) of sub-section (4) of section eighty-six of the Mental Health Act, 1959; (d)patients liable to be detained in a hospital or institution by virtue of paragraph (b) of sub-section (3) or paragraph (b) of sub-section (4) of section seventy-eight of the Mental Health (Scotland) Act, 1960. (3) A patient to whom this paragraph applies shall, notwithstanding the repeal by this Act of, or the substitution by this Act of any provision for the provisions of, any enactment by virtue of which he was, or was treated as, liable to be so detained or subject to guardianship, continue to be liable to be detained in any hospital or other place in which he might have been detained immediately before the commencement of this Act or, as the case may be, subject to guardianship until the expiration of the period of six months beginning with the commencement of this Act (in this Act referred to as "the initial period"). (4) During the initial period the responsible medical officer shall record with respect to each such patient as aforesaid for whose treatment he is responsible his opinion whether the patient is suffering from mental illness or requires special care, and whether his mental disorder is of a nature or degree which warrants the detention of the patient in hospital for medical treatment or his retention under guardianship. Para.2 spent 3. A patient to whom paragraph 1 applies shall, unless previously discharged, continue to be liable to be detained in a hospital or, as the case may be, subject to guardianship after the expiration of the initial period if (a)the authority for his detention or guardianship is renewed under the following provisions of this Schedule before the expiration of the initial period, or his current period of treatment would expire after the expiration of the initial period; and (b)it is recorded under paragraph 1 that in the opinion of the responsible medical officer he is suffering from mental illness or requires special care and his mental disorder is of a nature or degree which warrants the detention of the patient in hospital for medical treatment or, as the case may be, his retention under guardianship. 4.(1) The period for which a patient may by virtue of paragraph 3 be detained or kept under guardianship after the expiration of the initial period, without renewal of the authority for his detention or guardianship, shall be the remainder of his current period of treatment. (2) Where the current period of treatment of a patient who may be detained or kept as aforesaid would continue after the expiration of the period of eighteen months beginning with the commencement of this Act, the patient may between the expiration of the said period of eighteen months and the expiration of the current period of treatment apply to the Review Tribunal. 5.(1) Authority for the detention or guardianship of a patient to whom paragraph 1 applies may on the expiration of the relevant period, unless the patient has previously been discharged, be renewed for whichever of the following periods is applicable, that is to say (a)where the period for which he has, at the expiration of the relevant period, already been detained or subject to guardianship on account of any description of mental disorder (whether before or after the commencement of this Act) is not more than one year, a further period of one year; (b)where the period for which he has already been so detained or subject is more than one year, for a further period of two years. (2) Sub-sections (3) and (4) and (6) to (9) of section thirty-two shall apply in relation to the renewal of authority for the detention or guardianship of a patient under sub-paragraph (1) (a) as they apply in relation to the renewal of authority for the detention or guardianship of a patient under that section. (3) Sub-sections (5), (8) and (9) of section thirty-two shall apply in relation to the renewal of authority for the detention or guardianship of a patient under sub-paragraph (1)(b) as they apply in relation to the renewal of authority for the detention or guardianship of a patient under that section. (4) In this paragraph "the relevant period" means, in relation to a patient, the patient's current period of treatment or, if that period expires during the initial period, the initial period, or any period subsequent to either of those periods for which authority for the detention or guardianship of the patient has previously been renewed under this paragraph. 6.(1) Any patient who by virtue of paragraph 3 is liable to be detained in a hospital or subject to guardianship after the expiration of the initial period, shall, subject to sub-paragraph (2), be treated as if he had been admitted to the hospital in pursuance of an application for admission under Part II or had been received into guardianship in pursuance of a guardianship application under that Part and had been so admitted or received as a person suffering from mental illness or requiring special care, as recorded under paragraph 1. (2) Section thirty-two shall not apply in relation to the patient, but paragraph 5 shall apply instead. 7. Any person who immediately before the commencement of this Act was the guardian of any such patient as is mentioned in sub-paragraph (1)(d) of paragraph 1 shall be deemed for the purposes of this Act to have been named as the guardian of the patient in an application for his reception into guardianship under Part II accepted on that person's behalf by the responsible management committee. Paras.814 spent 15. Any opinion recorded by the responsible medical officer under this Schedule shall be recorded in such form as may be prescribed. 16. In this Schedule "current period of treatment" means, in relation to any patient, the period for which he would have been liable to be detained or subject to guardianship by virtue of any enactment repealed by this Act, or any enactment repealed or replaced by any such enactment as aforesaid, being a period which began but has not expired before the commencement of this Act; "initial period" has the meaning assigned to it by paragraph 1; "sentence of imprisonment" has the same meaning as in Part III. Fifth Schedule amends the provisions of the Mental Health Act 1959 (c.72) and the Mental Health Act (Scotland) 1960 (c.61) which relate to the removal of patients between Northern Ireland and Great Britain. Sixth ScheduleAmendments. Seventh Schedule rep. by SLR 1973 Saved, 1966 c.20 (NI) s.3(5)

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	Statutes of Northern Ireland
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Statutes of Northern Ireland