MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 36 Restrictions on discharge by the nearest relative.

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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.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 36