[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MENTAL HEALTH ACT (NORTHERN IRELAND) 1961

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

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)

© 1961 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mhai1961288/s118.html