UK Act of Parliament 1986 Northern Ireland

Mental Health (Northern Ireland) Order 1986

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
RQIA
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2 Responsible Person1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
s.art003 Definition of “mental disorder” and related expressions
s.art003 Best interests of patient under 16
s.art003 Determination of a patient's best interests
s.art003 Independent Advocates
s.art003 In-patients under 16: duties of hospital managers
Part 2

COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP

0 of 39 sections shown
39 other sections in this Part — procedural and definitional
s.art004 art.4
s.art005 Person who may make application for assessment
s.art006 General provisions as to medical recommendation
s.art007 Application for assessment in respect of patient already in hospital
s.art007 Power to detain in hospital pending admission to another hospital
s.art008 Effect of application for assessment
s.art009 The assessment period
s.art010 art.10
s.art011 Rectification of applications, recommendations and reports
s.art012 Detention for treatment
s.art013 art.13
s.art014 art.14
s.art015 art.15
s.art016 Correspondence of detained patients
s.art017 art.17
s.art018 art.18
s.art019 art.19
s.art020 art.20
s.art021 art.21
s.art022 Effect of guardianship application
s.art023 art.23
s.art024 art.24
s.art025 Transfer of guardianship on death, incapacity, etc. of guardian
s.art026 Regulations as to guardianship
s.art027 art.27
s.art028 Transfer of patients
s.art029 art.29
s.art030 art.30
s.art031 art.31
s.art032 Definition of “nearest relative”
s.art033 Children and young persons in care
s.art034 art.34
s.art035 art.35
s.art036 art.36
s.art037 art.37
s.art038 art.38
s.art039 art.39
s.art040 Duty of approved social worker to make application for assessment or guardianship
s.art041 art.41
Part 3

PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE

0 of 22 sections shown
22 other sections in this Part — procedural and definitional
s.art042 Remand to hospital for report on accused's mental condition
s.art043 Remand to hospital for treatment
s.art044 Powers of courts to order hospital admission or guardianship
s.art045 Interim hospital orders
s.art046 Effect of hospital orders, guardianship orders and interim hospital orders
s.art047 Powers of court to restrict discharge from hospital
s.art048 Powers of Secretary of State in respect of patients subject to restriction orders
s.art049 Procedure in relation to unfitness to be tried
s.art049 Finding that the accused did the act or made the omission charged against him
s.art050 Procedure in relation to finding of insanity
s.art050 Powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.
s.art051 art.51
s.art053 Removal to hospital of persons serving sentences of imprisonment, etc.
s.art054 Removal to hospital of other prisoners
s.art055 art.55
s.art056 art.56
s.art057 Further provisions as to detained persons
s.art058 Further provisions as to persons remanded by magistrates' courts
s.art059 art.59
s.art060 art.60
s.art061 Interpretation of Part III
s.paragraph/p6 Art. 52 rep. by 1996 c. 46
Part 4

CONSENT TO TREATMENT

1 of 8 sections shown
s.art063 art.63 Regulated
  • Certify patient capacity and consent before certain mental health treatmentsResponsible Person
7 other sections in this Part — procedural and definitional
s.art062 art.62
s.art064 Treatment requiring consent or a second opinion
s.art065 art.65
s.art066 art.66
s.art067 art.67
s.art068 art.68
s.art069 art.69
Part 5

THE REVIEW TRIBUNAL

0 of 15 sections shown
15 other sections in this Part — procedural and definitional
s.art070 Constitution of the Review Tribunal
s.art071 Applications to the tribunal under Part II
s.art072 References of cases of Part II patients to the tribunal
s.art073 Duty on responsible authorities to refer cases to the tribunal
s.art074 Applications and references to the tribunal concerning patients subject to hospital and guardianship orders, other than restricted patients
s.art075 Applications to the tribunal concerning restricted patients
s.art076 References by Secretary of State concerning restricted patients
s.art077 Power to discharge patients other than restricted patients
s.art078 Power to discharge restricted patients subject to restriction orders
s.art079 Powers in relation to restricted patients subject to restriction directions
s.art080 Applications and references concerning conditionally discharged restricted patients
s.art081 Visiting and examination of patients
s.art082 Applications to the tribunal
s.art083 Procedure of tribunal
s.art084 Interpretation of Part V
Part 6

THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.art085 Duties of RQIA in relation to mental health
s.art086 Functions of RQIA
s.art087 art.87
s.art088 art.88
s.art089 art.89
Part 7

REGISTRATION OF PRIVATE HOSPITALS

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.art090 art.90
s.art091 art.91
s.art092 art.92
s.art093 art.93
s.art094 art.94
s.art095 art.95
s.art096 art.96
Part 8

MANAGEMENT OF PROPERTY AND AFFAIRS OF PATIENTS

2 of 13 sections shown
s.art104 art.104

amended 1 time

s.art107 Duty to notify Office of Care and Protection

amended 3 times

11 other sections in this Part — procedural and definitional
s.art097 art.97
s.art098 art.98
s.art099 art.99
s.art100 art.100
s.art101 art.101
s.art102 art.102
s.art103 art.103
s.art105 art.105
s.art106 art.106
s.art108 art.108
s.art109 art.109
Part 9

MISCELLANEOUS FUNCTIONS OF DEPARTMENT , THE REGIONAL AGENCY AND HSC TRUSTS

8 of 9 sections shown
s.art111 Code of Practice

amended 3 times

s.art112 General duty of the Regional Agency and HSC trusts

amended 4 times

s.art113 Miscellaneous powers of HSC trusts

amended 7 times

s.art114 Payments to medical practitioners by HSC trusts

amended 3 times

s.art115 Appointment of approved social workers by authorised HSC trusts

amended 6 times

s.art116 Powers of HSC trusts in relation to property of patients

amended 12 times

s.art117 Duty of responsible authorities to inform nearest relative of discharge of patient

amended 3 times

s.art118 Provision of information and affording of facilities to other bodies by Department and HSC trusts

amended 12 times

1 other section in this Part — procedural and definitional
s.art110 Provision of special accommodation by Department
Part 10

OFFENCES

5 of 8 sections shown
s.art120 art.120

amended 3 times

s.art121 Ill-treatment of patients

amended 4 times

s.art122 art.122

amended 1 time

s.art123 art.123

amended 1 time

s.art124 art.124

amended 3 times

3 other sections in this Part — procedural and definitional
s.art119 art.119
s.art125 art.125
s.art126 art.126
Part 11

MISCELLANEOUS AND SUPPLEMENTARY

8 of 13 sections shown
s.art127 art.127

amended 1 time

s.art128 art.128

amended 1 time

s.art129 Warrant to search for and remove patients

amended 10 times

s.art130 art.130

amended 1 time

s.art131 art.131

amended 1 time

s.art132 art.132

amended 9 times

s.art133 Protection for acts done in pursuance of this Order

amended 4 times

s.art134 art.134

amended 10 times

5 other sections in this Part — procedural and definitional
s.art135 art.135
s.art136 art.136
s.art137 art.137
s.paragraph/p7 Art. 134A rep. by 1994 NI 2
s.paragraph/p9 Art. 138—Repeals
Schedules

Schedules

4 of 72 shown
s.sch002a (1) A supervision and treatment order shall either— Regulated
  • Keep in touch with supervising officer under a supervision and treatment orderAny Person
s.sch002a A supervision and treatment order shall include a requirement that the supervised person shall submit, Regulated
Other duties (1) — Crown / regulator
  • Supervision and treatment orders must include mandatory treatment requirementsTribunal / Court
s.sch002a Where the medical practitioner by whom or under whose direction the supervised person is being Regulated
  • Medical practitioner must report treatment concerns to supervising officerAny Person
s.sch006 The responsible Board shall as soon as practicable after the appointed day send to Regulated
Other duties (1) — Crown / regulator
  • Health and Social Care Board must send detention and guardianship records to RQIALocal authority
68 other schedules
s.sch001 The applicant or a partner of, or person employed as an assistant by, the applicant.
s.sch001 A person who receives, or has an interest in the receipt of, any payments made
s.sch001 The spouse,
s.sch001 A person who is living with the patient as if he or she were the
s.sch001 A person with whom the patient ordinarily resides (or, if the patient is for the
s.sch002 In Article 29 paragraph (4) shall be omitted.
s.sch002 In Article 36(3) sub-paragraphs (c) and (d) shall be omitted.
s.sch002 In Article 37(4) for sub-paragraphs (a) and (b) there shall be substituted the words
s.sch002a In this Schedule “supervision and treatment order” means an order requiring the person in respect
s.sch002a On the making under paragraph 6 of an order revoking a supervision and treatment order,
s.sch002a On the making under paragraph 7 or 8 of an order amending a supervision and
s.sch002a The court shall not make a supervision and treatment order unless it is satisfied—
s.sch002a Subject to sub-paragraphs (2) and (3), a supervision and treatment order may include requirements as
s.sch002a Where a supervision and treatment order is in force in respect of any person and,
s.sch002a This paragraph applies where—
s.sch002a Without prejudice to the provisions of paragraph 7, but subject to sub-paragraph (2), a court
s.sch003 The Review Tribunal shall consist of—
s.sch003 The Lord Chief Justice may nominate any of the following to exercise his functions under
s.sch003 The members of the Review Tribunal shall hold and vacate office under the terms of
s.sch003 One of the legal members of the Review Tribunal shall be appointed by the
s.sch003 Subject to sub-paragraph (2)
s.sch003 The chairman of the Review Tribunal shall appoint the members who are to constitute the
s.sch003 Subject to any rules made by the Lord Chancellor under Article 83(4), where the chairman
s.sch003 In any proceedings which are to be heard and determined by the Review Tribunal constituted
s.sch003 Schedule 3 para.p21
s.sch004 The Commission shall be a body corporate to which, subject to the provisions of this
s.sch004 Any contract or instrument which, if entered into or executed by an individual, would not
s.sch004 The Commission shall consist of—
s.sch004 Every member of the Commission—
s.sch004 The Commission may—
s.sch004 In Part II of Schedule 1 to the
s.sch004 Subject to the provisions of this Schedule, the meetings and proceedings of the Commission, and
s.sch004 The Commission may—
s.sch004 The Commission shall publish a report on its activities in such form and at such
s.sch004 The application of the seal of the Commission shall be authenticated by the signature of
s.sch004 Para. 11 rep. by 1996
s.sch006 Where, apart from this paragraph, anything done under or for the purposes of any statutory
s.sch006 This paragraph applies where immediately before the appointed day a patient is subject to guardianship
s.sch006 Sections 20 and 22(5) of the 1961 Act shall continue to apply in relation to
s.sch006 In the case of a patient who is detained or subject to guardianship on the
s.sch006 Where at any time before the appointed day an application to the Review Tribunal has
s.sch006 Subject to sub-paragraphs (2) and (3), this Order applies to a patient who immediately before
s.sch006 Paragraph (3) of Article 64 shall not apply to any treatment given to a patient
s.sch006 A patient—
s.sch006 Article 73 applies only in relation to a renewal of authority for detention after the
s.sch006 Any reference to the Review Tribunal under section 54(6) of the 1961 Act in respect
s.sch006 . . . . . . . . . . . . . . .
s.sch006 Where any period of time specified in any statutory provision repealed by this Order is
s.sch006 Where immediately before the appointed day any person's estate was subject to the jurisdiction of
s.sch006 Any order or appointment made, direction or authority given, or thing done under the
s.sch006 Any person who immediately before the appointed day was the committee of the estate of
s.sch006 Any person who immediately before the appointed day was the committee of the person in
s.sch006 Article 103(1) shall apply in relation to any disposal of property (within the meaning of
s.sch006 Until the coming into operation of Article 115 for references in this Order and any
s.sch006 References to applications, recommendations, reports and other documents in Article 119 shall include those to
s.sch006 References in Article 133 to the acts to which that Article applies shall include those
s.sch006 Article 134(5) shall not apply in relation to a patient removed from Northern Ireland before
s.sch006 This paragraph applies where immediately before the appointed day an application for the admission of
s.sch006 The chairman, deputy chairman and other members of the Review Tribunal appointed under Schedule 3
s.sch006 The Department may by order subject to negative resolution make such other transitional provision as
s.sch006 In this Schedule—
s.sch006 This paragraph applies where immediately before the appointed day a patient is detained in hospital
s.sch006 This paragraph applies where immediately before the appointed day a patient is detained in hospital
s.sch006 This paragraph applies where immediately before the appointed day a patient is detained in hospital
s.sch006 This paragraph applies where immediately before the appointed day a patient is detained in hospital
s.sch006 This paragraph applies where immediately before the appointed day a patient is detained in hospital
s.sch006 Where on the appointed day a person who has not attained the age of 16
s.sch006 Para. 31 rep. by 1987
9 other provisions
s.001 Articles 15, 16, 17, 25, 26, 27, 30, 31, 32, 33, 34, 35 and 38 (opens in a new tab)
s.002 Articles 12, 13, 14, 22, 23, 24, 28, 29, 36 and 37 shall apply in (opens in a new tab)
s.003 In Article 12— (opens in a new tab)
s.004 In Article 13— (opens in a new tab)
s.005 In Article 14 there shall be omitted— (opens in a new tab)
s.006 In Article 22— (opens in a new tab)
s.007 In Article 23— (opens in a new tab)
s.008 In Article 24 there shall be omitted— (opens in a new tab)
s.009 In Article 28— (a) in paragraph (2) for the words... (opens in a new tab)

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.