- Principles
- 1.Principles: capacity
- 2.Principle: best interests
- 3.Meaning of “lacks capacity”
- 4.Meaning of “unable to make a decision”
- 5.Supporting person to make decision
- 6.Compliance with section 1(2)
- 7.Best interests
- 8.Compliance with section 2
- CHAPTER 1 PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS
- 9.Protection from liability for acts in best interests of person lacking capacity
- 10.General limitations on section 9
- 11.Advance decisions: effect on section 9
- 12.Acts of restraint: condition that must be met
- Formal capacity assessments etc
- 13.Formal assessment of capacity
- 14.Section 13: formal capacity assessments and statements of incapacity
- 15.Nominated person: need to have in place and consult
- 16.Second opinion needed for certain treatment
- 17.Second opinion needed for continuation of medication
- 18.Second opinion: relevant certificates
- Treatment with serious consequences
- 19.Treatment with serious consequences: objection from nominated person
- 20.Treatment with serious consequences: resistance by P etc
- 21.Meaning of “treatment with serious consequences”
- 22.Sections 19 and 20: the prevention of serious harm condition
- 23.Meaning of “subject to an additional measure”
- 24.Deprivation of liberty
- 25.Section 24: definitions
- 26.Taking person to a place for deprivation of liberty
- 27.Permission for absence
- 28.Requirements to attend for certain treatment
- 29.Duty to revoke requirement where criteria no longer met
- 30.Community residence requirements: authorisation etc
- 31.Meaning of “community residence requirement”
- 32.Duty to revoke community residence requirement where criteria no longer met
- 33.Duties in relation to people subject to community residence requirements
- 34.Community residence requirements: further provision
- 35.Independent mental capacity advocate: need to have in place and consult
- 36.Section 35: relevant acts
- Extensions of period of authorisation
- 37.First extension of period of authorisation
- 38.Subsequent extensions
- 39.Sections 37 and 38: extension reports
- 40.Extension of period where responsible person not of the requisite opinion
- 41.Meaning of “measure”, “authorised measure” and “the criteria for continuation”
- 42.Meaning of “the responsible person”
- 43.Extension reports: further provision
- 44.Effect of extension on authorisation where authorised measure unused etc
- Applications to the Tribunal
- 45.Right to apply to Tribunal
- 46.Applications: visiting and examination
- 47.Power of certain persons to refer case to Tribunal
- 48.Duty of HSC trust to refer case to Tribunal
- 49.References etc to Tribunal: persons formerly detained under the Mental Health Order
- 50.Duty of HSC trust to notify the Attorney General
- 51.Powers of Tribunal in relation to authorisation under Schedule 1
- 52.Powers of Tribunal in relation to authorisation under Schedule 2
- 53.Sections 51 and 52: additional powers of Tribunal
- Medical reports: involvement of nominated person and independent mental capacity advocate
- 54.Medical reports: involvement of nominated person
- 55.Medical reports: involvement of independent mental capacty advocate
- 56.Sections 54 and 55: meaning of “emergency”
- 57.Provision of information
- 58.Ways in which information must be provided
- 59.Failure by person other than D to take certain steps
- 60.Part 2 not applicable where other authority for act
- 61.Power to make further provision
- 62.Disregard of certain detention
- Meaning of “serious intervention”
- 63.“Serious intervention”
- 64.Acts that are “part of” serious interventions
- 65.Meaning of “emergency” in relation to safeguard provisions
- 66.Section 65: definitions etc
- 67.Failure by persons other than D to take steps to ensure safeguard met
- 68.Interpretation of Part 2: general
- Nominated person
- 69.Nominated person
- 70.Appointment of nominated person
- 71.Revocation of appointment
- 72.Resignation
- 73.Default nominated person
- 74.Section 73: the list
- 75.Section 73: persons to be disregarded
- 76.Section 73: meaning of “carer”
- 77.Declaration that particular person not to be nominated person
- 78.Notice declining to be a person’s nominated person
- 79.Formalities for documents under Part 3
- 80.Application to Tribunal for appointment of nominated person
- 81.Tribunal’s power to appoint nominated person
- 82.Tribunal’s power to disqualify person from being default nominated person
- 83.Revocation of Tribunal’s appointment where P regains capacity
- 84.Duties in relation to nominated person: supplementary
- 85.Determining who is nominated person
- Independent mental capacity advocates
- 86.Independent mental capacity advocates
- 87.Functions of independent mental capacity advocates: provision of support, etc
- 88.Request for independent mental capacity advocate to be instructed
- 89.Steps to be taken before independent mental capacity advocate may be requested
- 90.Right to declare that no independent mental capacity advocate to be instructed
- 91.Instruction of independent mental capacity advocate
- 92.Powers of independent mental capacity advocates
- 93.Right of person to discontinue involvement of independent mental capacity advocate
- 94.Continuing duty of trust in relation to independent mental capacity advocate
- 95.Formalities for declarations under Part 4
- 96.Power to adjust role of independent mental capacity advocates
- Creation of lasting power of attorney
- 97.Lasting powers of attorney
- 98.Restrictions on scope of lasting power of attorney
- 99.Relationship between advance decisions and lasting powers of attorney
- 100.Scope of lasting powers of attorney: gifts
- 101.Appointment of attorneys: requirements as respects attorneys
- 102.Appointment of two or more attorneys
- 103.Appointment of replacement attorneys
- 104.Appointment of two or more replacements for a single initial appointee
- 105.Replacement attorneys: position where two or more initial appointees
- 106.Revocation of lasting power etc by donor or on donor’s bankruptcy
- 107.Revocation etc: events relating to the attorney
- 108.Protection of attorney and others if no power created or power revoked
- 109.Reliance on authority of attorney in relation to treatment etc
- 110.Powers of court as to lasting powers of attorney
- 111.Powers of court as to operation of lasting powers of attorney
- Declarations
- 112.The court’s power to make declarations
- 113.The court’s powers to make decisions and appoint deputies: general
- 114.Section 113 powers: care, treatment and personal welfare
- 115.Section 113 powers: property and affairs
- 116.Appointment of deputies
- 117.Restrictions on deputies
- 118.Reliance on authority of deputy in relation to treatment etc
- 119.Interim orders and directions
- 120.Power to call for reports
- 121.Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)
- 122.Applications to the court
- 123.Duty to notify Attorney General
- 124.Rules of court
- Public Guardian
- 125.The Public Guardian
- 126.Functions of the Public Guardian
- 127.Further powers of the Public Guardian
- 128.Duty to notify the Public Guardian
- 129.Notifications under section 128: procedure and effect
- 130.Court Visitors
- 131.Powers of Court Visitors
- Approved research projects
- 132.Research
- 133.Section 132: exception for clinical trials
- 134.Approval of research projects
- 135.Requirement to consult nominated person, carer etc
- 136.Section 135: exception for urgent treatment
- 137.Additional safeguards
- 138.Loss of capacity during research project: transitional cases
- Power of police to remove person from public place to place of safety
- 139.Power of police to remove person from public place to place of safety
- 140.Information to be given on removal
- 141.Search of person on exercise of power to remove
- 142.Power of police to detain in hospital a person removed from a public place
- 143.Power to detain in police station a person removed from a public place
- 144.Sections 142 and 143: the detention conditions
- 145.Transfer from one place of safety to another
- 146.Maximum period of detention under Part 9
- 147.Duty to inform certain persons where power of removal or transfer used
- 148.Section 147: meaning of “the required information” etc
- 149.Record of detention to be kept
- 150.Responsibilities of the appropriate officer
- 151.Review of detention
- 152.Access to legal advice
- 153.Searches of person following removal to place of safety
- 154.Searches and examination to ascertain identity
- 155.Intimate searches
- 156.Annual records
- 157.Principles applying for purposes of Part 9
- 158.Reasonable belief etc
- 159.Power of constable to use reasonable force
- 160.Definitions for purposes of Part 9
- 161.Relationship of Part 9 to other provisions
- CHAPTER 1 REMAND TO HOSPITAL
- 162.Remand to hospital
- 163.Section 162: meaning of “an accused person”
- 164.Section 162: the medical report condition
- 165.Section 162: the treatment condition
- 166.Effect of remand to hospital
- Public protection orders with and without restrictions
- 167.Public protection orders with and without restrictions
- 168.Section 167: the detention conditions
- 169.Section 167: the restriction condition
- 170.Further provision about making of public protection orders
- 171.Effect of public protection orders
- 172.Power to direct the ending of restrictions under a public protection order
- 173.Effect of ending of restrictions under a public protection order
- 174.Hospital direction when passing custodial sentence
- 175.Conditions for giving hospital direction
- 176.Effect of hospital directions
- 177.Interim detention orders
- 178.Effect of interim detention orders
- Detention and discharge
- 179.Detention under a public protection order without restrictions
- 180.Discharge from detention by responsible medical practitioner
- 181.First extension of period of order
- 182.Subsequent extensions
- 183.Sections 181 and 182: extension reports
- 184.Extension of period where responsible person not of the requisite opinion
- 185.The criteria for continuation
- 186.Extension reports: further provision
- 187.Permission for absence
- 188.Transfers between hospitals etc
- 189.Effect of custodial sentence
- 190.Detention under a public protection order with restrictions
- 191.Discharge from detention by Department of Justice
- 192.Power to recall person who has been conditionally discharged
- 193.Reports by responsible medical practitioner
- 194.Direction for person to attend for purposes of justice etc
- 195.Permission for absence
- 196.Transfers between hospitals etc
- 197.Detention under a hospital direction
- 198.Termination of hospital directions
- 199.Section 198: meaning of “release date”
- 200.Duties and powers to release from detention
- 201.Reports by responsible medical practitioner
- 202.Permission for absence etc
- 203.Transfers between hospitals
- Procedure during trial on indictment
- 204.Procedure where question of fitness to be tried arises
- 205.Finding that the accused did the act or made the omission charged
- 206.Procedure in relation to finding of insanity
- 207.Powers to deal with person unfit to be tried or not guilty by reason of insanity
- 208.Remission for trial where person no longer unfit to be tried
- 209.Power to make order where the accused did the act or made the omission charged
- 210.Power to make restraining order following finding of unfitness to plead etc
- Persons serving custodial sentences etc
- 211.Power to transfer person serving custodial sentence etc to hospital
- 212.Conditions for transfer under section 211
- 213.Effect of transfer under section 211
- 214.Transfer of civil prisoner or immigration detainee to hospital
- 215.Detention in hospital on removal under section 214
- 216.Termination of direction under section 214
- 217.Transfer to hospital of person remanded by magistrates’ court
- 218.Detention in hospital on removal under section 217
- 219.Termination of direction under section 217 etc
- 220.Transfer of certain other detainees to hospital
- 221.Detention in hospital on removal under section 220
- 222.Termination of direction under section 220
- 223.Conditions for transfer to hospital under section 214, 217 or 220
- 224.General provisions about hospital transfer directions
- Applications and references to Tribunal: general
- 225.Right to apply to Tribunal
- 226.Meaning of “a qualifying person”
- 227.Applications: visiting and examination
- 228.Power of certain persons to refer case to Tribunal
- 229.Duty of HSC trust to refer case to Tribunal
- 230.Duty to notify the Attorney General
- 231.Powers of Tribunal as to public protection order without restrictions
- 232.Powers of Tribunal as to public protection order with restrictions
- 233.Sections 231 and 232: the prevention of serious harm condition
- 234.Sections 231 and 232: additional powers of Tribunal etc
- 235.Effect of conditional discharge
- 236.Applications and references to Tribunal where person recalled
- 237.Applications to Tribunal where person has not been recalled
- 238.Powers of Tribunal as to hospital directions and hospital transfer directions
- 239.Section 238: additional powers of Tribunal
- 240.Section 238: procedure where prevention of serious harm condition is not met
- Provision of information
- 241.Provision of information
- 242.Ways in which information must be provided
- 243.Section 20 may apply to person detained under Part 10
- 244.Absence without permission
- 245.Effect of court order or direction on previous authority for hospital detention
- 246.Appeals: general
- 247.Appeals against orders made on finding of unfitness to be tried etc
- 248.Hospital directions: cases stated by magistrates’ courts
- 249.Requirements as to written evidence
- 250.Interpretation of Part 10: children
- 251.Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain
- 252.Interpretation of Part 10: references to disorder
- 253.Interpretation of Part 10: general
- CHAPTER 1 REMOVAL OF PERSONS FROM NORTHERN IRELAND
- Removal to other parts of UK of persons detained under Part 2
- 254.Removal of persons detained under Part 2 to England or Wales
- 255.Removal of persons detained under Part 2 to Scotland
- 256.Removal of certain persons detained under Part 10 to England or Wales
- 257.Removal of certain persons detained under Part 10 to Scotland
- Persons to be detained under Part 2
- 258.Persons to be detained under Part 2 after removal from England or Wales
- 259.Persons to be detained under Part 2 after removal from Scotland
- 260.Persons to be detained under Part 10 after removal from England or Wales
- 261.Persons to be detained under Part 10 after removal from Scotland
- 262.Removal or transfer from Northern Ireland: power to make further provision
- 263.Persons removed or transferred to Northern Ireland: power to make further provision
- 264.Interpretation of Part 11
- 265.In-patients under 18: duties of hospital managers
- 266.Amendments of Mental Health Order: children etc
- 267.Ill-treatment or neglect
- 268.Forgery, false statements etc
- 269.Unlawful detention of persons lacking capacity etc
- 270.Assisting persons to absent themselves without permission
- 271.Assisting breach of community residence requirement
- 272.Obstruction
- 273.Offences by bodies corporate
- The Review Tribunal
- 274.Renaming of Mental Health Review Tribunal
- 275.Visiting etc powers of medical practitioners in connection with the Tribunal
- 276.Power to make regulations about dealing with money and valuables
- 277.Contravention of regulations under section 276(2)
- 278.Expenditure
- 279.Payment for necessary goods and services
- 280.Appointment of approved social workers
- 281.Miscellaneous functions of HSC trusts
- 282.Direct payments in place of provision of care services
- 283.International protection of adults
- 284.Review of law relating to advance decisions
- 285.Family relationships etc
- 286.Voting rights
- 287.Relationship of Act with law relating to murder etc
- Codes of practice
- 288.Codes of practice
- 289.Effect of code
- 290.Provision of information by HSC trusts and the Department
- 291.Provision of facilities by HSC trusts and the Department
- 292.Warrants
- 293.Warrants: persons liable to be detained under 1983 Act or 2005 Order
- 294.Provisions as to custody, detention etc
- 295.Retaking of persons escaping from legal custody
- 296.Special accommodation
- 297.Panels constituted to decide applications: general provision
- 298.Protection for acts done in pursuance of Part 9 or 10
- 299.Risk of serious physical harm to others
- 300.Medical practitioners who may make certain medical reports
- 301.Documents appearing to be duly made
- 302.Regulations
- 303.Consequential amendments and repeals
- 304.Persons “unconnected with” a person
- 305.Meaning of “mental disorder”
- 306.Definitions for purposes of Act
- 307.Commencement etc
- 308.Short title
- SCHEDULE 1Authorisation by panel of certain serious interventions
- Part 1 Preliminary
- 1.(1) In this Schedule— “appropriate care or treatment”, in relation.
- Applications for authorisation
- 2.(1) An application under this Schedule may be made where.
- 3.(1) An application may not be made for authorisation of.
- 4.For the purposes of paragraph 2 treatment which is proposed.
- 5.(1) Any application under this Schedule must be made by.
- 6.(1) An application under this Schedule must—
- 7.(1) The medical report must be in the prescribed form.
- 8.The care plan must be in the prescribed form and.
- Criteria for treatment
- 9.(1) In relation to the provision to P of particular.
- 10.In relation to detention of P in a place in.
- 11.In relation to the imposition on P of a requirement.
- 12.In relation to the imposition on P of a community.
- 13.In applying the criteria in this Part of this Schedule.
- Panel to consider application
- 14.(1) Where the relevant trust receives an application duly made.
- 15.(1) Having considered the application, the panel must—
- 16.(1) This paragraph applies where an authorisation under paragraph 15.
- 17.Where an authorisation under paragraph 15 authorises the imposition on.
- 18.(1) This paragraph applies where an authorisation under paragraph 15.
- 19.(1) The panel must comply with paragraph 15(1) as soon.
- 20.(1) If at any time before the end of the.
- Treatment: what is covered by authorisation
- 21.(1) Sub-paragraph (2) applies where an authorisation under this Schedule.
- 22.(1) This paragraph applies where an authorisation under this Schedule.
- 23.(1) Where— (a) an authorisation under this Schedule authorises the.
- 24.Any power conferred by virtue of an authorisation under this.
- 25.(1) The grant of an interim authorisation under this Schedule.
- 26.(1) The grant of an authorisation under paragraph 15 (“the.
- 27.For the avoidance of doubt, the fact that a particular.
- Part 1 Preliminary
- 1.(1) In this Schedule— “the criteria for authorisation” has the.
- Authorisation of detention in hospital for examination etc
- 2.(1) The detention of a person in a hospital in.
- 3.(1) In paragraph 2 “an appropriate healthcare professional” means a.
- 4.(1) The medical report included in a report under paragraph.
- 5.A person may make a report under paragraph 2 only.
- 6.(1) Where— (a) it is proposed to make a report.
- 7.(1) Where a report under paragraph 2 is made, the.
- 8.(1) An authorisation granted by the making of a report.
- Expiry where failure to admit P within period required
- 9.(1) If— (a) at the time when a report under.
- 10.(1) This paragraph applies if— (a) pursuant to a report.
- 11.(1) This paragraph applies where— (a) pursuant to a report.
- 12.(1) This paragraph applies for the purposes of paragraphs 11.
- 13.(1) This paragraph applies where— (a) a report under paragraph.
- 14.(1) This paragraph applies where— (a) either of the following.
- 15.(1) This paragraph applies where a report under paragraph 14.
- 16.(1) If— (a) pursuant to a report under paragraph 2.
- 17.(1) If— (a) pursuant to a report under paragraph 2.
- Detention covered by authorisation
- 18.(1) This paragraph applies where a report is made under.
- 19.For the avoidance of doubt, the fact that a particular.
- 20.(1) Where a report under this Schedule is incorrect or.
- 21.(1) This paragraph applies where— (a) a report under paragraph.
- 22.(1) This paragraph applies where— (a) a report under paragraph.
- Preliminary
- 1.In this Schedule— “authorisation” is defined by section 37; “authorised.
- 2.(1) An application under this Schedule may be made where—.
- 3.(1) Any application under this Schedule must be made by.
- 4.(1) An application under this Schedule must—
- 5.(1) The medical report must be in the prescribed form.
- 6.The care plan must be in the prescribed form and.
- 7.(1) Where the relevant trust receives an application duly made.
- 8.(1) Having considered the application, the panel must either—
- 9.(1) The panel must comply with paragraph 8(1) as soon.
- Part 1 Making instruments
- General requirements as to making instruments
- 1.(1) An instrument is made in accordance with this Schedule.
- 2.(1) The instrument must include— (a) the prescribed information about.
- 3.(1) If an instrument differs in an immaterial respect in.
- Applications and procedure for registration
- 4.(1) An application to the Public Guardian for the registration.
- 5.Subject to paragraphs 10 to 14, on an application under.
- 6.A person (or persons) about to make an application under.
- 7.(1) As soon as practicable after receiving an application under.
- 8.(1) A notice under paragraph 6 must be in a.
- 9.(1) A person proposing to make an application under paragraph.
- 10.If it appears to the Public Guardian that an instrument.
- 11.(1) Sub-paragraph (2) applies if it appears to the Public.
- 12.(1) Sub-paragraph (2) applies if it appears to the Public.
- 13.(1) Sub-paragraph (2) applies if a person other than the.
- 14.(1) This paragraph applies if the donor—
- 15.Where an instrument is registered under this Schedule, the Public.
- 16.(1) A document purporting to be an office copy of.
- Cancellation of registration by Public Guardian following revocation
- 17.The Public Guardian must cancel the registration of an instrument.
- 18.The court must direct the Public Guardian to cancel the.
- 19.(1) Sub-paragraph (2) applies if the court determines under section.
- 20.If the Public Guardian cancels the registration of an instrument.
- 21.On the cancellation of the registration of an instrument, the.
- Partial revocation or suspension of power as a result of bankruptcy
- 22.If in the case of a registered instrument it appears.
- 23.If in the case of a registered instrument it appears.
- 24.If in the case of a registered instrument it appears.
- 25.If in the case of a registered instrument the court.
- 26.If the Public Guardian attaches a note to an instrument.
- Wills: introductory
- 1.Paragraphs 2 to 4 apply in relation to the execution.
- 2.The will may make any provision (whether by disposing of.
- 3.(1) Sub-paragraph (2) applies if under section 113 the court.
- 4.(1) This paragraph applies where a will is executed in.
- 5.(1) If provision is made by virtue of section 115.
- 6.(1) If a settlement has been made by virtue of.
- 7.(1) Sub-paragraph (2) applies if the court is satisfied—
- 8.(1) Sub-paragraphs (2) and (3) apply if—
- 9.(1) Sub-paragraph (2) applies if the court has ordered or.
- Preliminary
- 1.In this Schedule, in relation to a public protection order.
- 2.(1) An application under this Schedule may be made where—.
- 3.(1) Any application under this Schedule must be made by.
- 4.An application under this Schedule must— (a) be in the.
- 5.(1) The medical report must be in the prescribed form.
- 6.The care plan must be in the prescribed form and.
- 7.(1) Where the relevant trust receives an application duly made.
- 8.(1) Having considered the application, the panel must do one.
- 9.(1) The panel must comply with paragraph 8(1) as soon.
- Part 1 Introductory
- Introductory
- 1.(1) In this Part a “supervision and assessment order” is.
- Conditions which must be satisfied before order can be made
- 2.(1) A court may make a supervision and assessment order.
- 3.(1) A supervision element is a requirement that the supervised.
- 4.(1) An assessment element is a requirement that, during a.
- 5.(1) A residence element is any requirement as to the.
- 6.(1) Before making a supervision and assessment order, the court.
- 7.Where an order is made, the supervised person must (as.
- Amendment of order: general
- 8.(1) A court of summary jurisdiction may, on the application.
- 9.(1) This paragraph applies where— (a) a supervision and assessment.
- 10.(1) In this paragraph “relevant medical practitioner” means a medical.
- 11.(1) A court that has made a supervision and assessment.
- 12.(1) On the making under any of paragraphs 8 to.
- 13.(1) This paragraph applies where— (a) a supervision and assessment.
- Power to vary period for which supervision element may be made
- 14.(1) The Department of Justice may make regulations substituting, for.
- 15.(1) Until the day on which section 1 of the.
- 1.The Mental Health Order is amended as follows.
- 2.Before Article 2 insert— Interpretation of Order .
- 3.(1) Article 2 (interpretation) is amended as follows.
- 4.After Article 3 insert— General provisions about patients under 16.
- 5.In the heading of Part 2 for “AND GUARDIANSHIP” substitute.
- 6.(1) Article 4 (admission for assessment) is amended as follows.
- 7.In Article 8 (effect of application for assessment) omit paragraph.
- 8.In Article 12 (detention for treatment) omit paragraph (3).
- 9.In Article 13(1) (renewal of authority for detention) after “discharged”.
- 10.After Article 14 insert— Liability to detention under Part 2.
- 11.Omit Articles 18 to 26 (guardianship).
- 12.In the italic heading before Article 27 omit “or guardianship”.
- 13.(1) Article 27 (duty of authority to give information to.
- 14.In Article 28 (transfer of patients) omit—
- 15.In Article 29 (return and readmission of patients absent without.
- 16.(1) Article 30 (special provisions as to patients absent without.
- 17.(1) Article 31 is amended as follows.
- 18.In Article 32(3) (definition of “nearest relative”) omit “or his.
- 19.In Article 33 (children and young persons in care) omit.
- 20.(1) Article 34 (minors under guardianship, etc) is amended as.
- 21.In Article 35(1) (assignment of functions by nearest relative) omit.
- 22.(1) Article 36 (appointment by county court of acting nearest.
- 23.(1) Article 37 (discharge and variation of orders under Article.
- 24.In Article 39 (special provision as to wards of court).
- 25.In Article 40 (duty of approved social worker to make.
- 26.In Article 41 (applications, recommendations and reports under Part 2).
- 27.Omit Part 3 (patients concerned in criminal proceedings or under.
- 28.In the heading of Part 4, at the end insert.
- 29.For Article 62 substitute— Patients to whom the provisions of.
- 30.(1) Article 63 (treatment requiring consent and a second opinion).
- 31.After Article 63 insert— Treatment within Article 63: procedure where.
- 32.In Article 64(1)(b) (treatment requiring consent or second opinion) after.
- 33.In Article 65 (plans of treatment)— (a) for “Article 63.
- 34.In Article 66(1) (withdrawal of consent) after “63” insert “.
- 35.(1) Article 67 (review of treatment) is amended as follows.
- 36.(1) Article 68 (urgent treatment) is amended as follows.
- 37.In Article 69 (treatment not requiring consent) after “63” insert.
- 38.For the heading of Part 5 substitute— THE REVIEW TRIBUNAL.
- 39.In Article 70(1) (constitution of the Review Tribunal) for “Mental.
- 40.(1) Article 71 (applications to the tribunal under Part 2).
- 41.In Article 72(1) (reference of cases of Part 2 patients.
- 42.(1) Article 73 (duty on Boards to refer cases to.
- 43.Omit Articles 74 to 76 (applications and references concerning Part.
- 44.(1) Article 77 (power to discharge patients other than restricted.
- 45.Omit Articles 78 to 80 (discharge of restricted patients etc).
- 46.In Article 81 (visiting and examination of patients) omit “or.
- 47.For Article 82 substitute— Applications to the tribunal (1) Applications to the Review Tribunal may be made only.
- 48.(1) Article 83 (procedure of Tribunal) is amended as follows.
- 49.Omit Article 84 (interpretation of Part 5).
- 50.Omit Part 6 (functions of RQIA).
- 51.In Article 90 (registration of private hospitals) omit paragraph (1).
- 52.Omit Articles 91 to 94 (provisions about registration and inspections).
- 53.Omit Article 96 (offences under Part 7).
- 54.Omit Part 8 (management of property and affairs of patients).
- 55.In Article 111(1) (code of practice)— (a) in sub-paragraph (a).
- 56.In Article 113(1) (miscellaneous powers of the Board etc) omit.
- 57.(1) Article 116 (powers of the Board etc in relation.
- 58.(1) Article 118 (provision information by Department etc) is amended.
- 59.(1) Article 120 (unlawful detention of patients) is amended as.
- 60.(1) Article 121 (ill-treatment of patients) is amended as follows.
- 61.In Article 124(1)(a) (assist patients to absent themselves without leave).
- 62.In Article 127 (voluntary use of services) omit paragraph (2).
- 63.Omit Article 128 (pay, pensions etc of patients).
- 64.(1) Article 129 (warrants) is amended as follows.
- 65.Omit Article 130 (mentally disordered persons found in public places).
- 66.In Article 131(1) (custody, conveyance and detention) for “a place.
- 67.(1) Article 132 (retaking of patients escaping from custody) is.
- 68.(1) Article 133 (protection for acts done in pursuance of.
- 69.Omit Schedule 2 (application of Part 2 to patients detained.
- 70.Omit Schedule 2A (supervision and treatment orders).
- 71.(1) Schedule 3 (the Tribunal) is amended as follows.
- Part 1 Preliminary
- Introduction
- 1.Paragraphs 2 to 5 apply for the purposes of this.
- 2.(1) “Convention” means the Convention on the International Protection of.
- 3.(1) “Country” includes a territory which has its own system.
- 4.“Adult” means a person who— (a) as a result of.
- 5.(1) “Protective measure” means a measure directed to the protection.
- 6.(1) This Schedule does not apply to a relevant person.
- 7.(1) Any function under the Convention of a Central Authority.
- Scope of jurisdiction
- 8.(1) The court may exercise its functions under this Act.
- 9.(1) The court may also exercise its functions under this.
- 10.(1) This paragraph applies where jurisdiction is exercisable under this.
- 11.A reference in this Schedule to the exercise of jurisdiction.
- Applicable law
- 12.In exercising jurisdiction under this Schedule, the court may, if.
- 13.Where a protective measure is taken in one country but.
- 14.(1) If the donor of a lasting power is habitually.
- 15.(1) Where a lasting power is not exercised in a.
- 16.Regulations may provide for Schedule 4 (lasting powers of attorney.
- 17.(1) This paragraph applies where a person (a “representative”) in.
- 18.Where the court is entitled to exercise jurisdiction under this.
- 19.Nothing in this Part requires or enables the application in.
- Recognition
- 20.(1) A protective measure taken in relation to an adult.
- 21.(1) An interested person may apply to the court for.
- 22.For the purposes of paragraphs 20 and 21, any finding.
- 23.(1) An interested person may apply to the court for.
- 24.(1) This paragraph applies where— (a) provision giving effect to.
- 25.The court may not review the merits of a measure.
- Proposal for cross-border placement
- 26.(1) This paragraph applies where a public authority proposes to.
- 27.A proposal received by a public authority under Article 33.
- 28.(1) This paragraph applies if a public authority is told.
- 29.A public authority may not request from, or send to.
- Certificate
- 30.A certificate given under Article 38 by an authority in.
- 31.(1) Regulations may make provision— (a) giving further effect to.
- 32.Nothing in this Schedule applies, and no provision made under.
- Judicature (Northern Ireland) Act 1978 (c. 23)
- 1.In section 116(1) (fees) after “Enforcement of Judgments Office” insert.
- 2.(1) In Schedule 1 (appeals to Supreme Court in certain.
- 3.(1) Section 7 (supplementary provisions as to retrial) is amended.
- 4.In section 10(5) (appeals against interim hospital orders) for “interim.
- 5.In section 11 (appeal against conviction: substitution of finding of.
- 6.In section 12(1) (appeal against finding of not guilty on.
- 7.(1) Section 13 (disposal of appeal allowed under section 12).
- 8.(1) Section 13A (appeal against finding of unfitness to be.
- 9.(1) Section 29A (effect of interim hospital orders) is amended.
- 10.(1) Section 30(1) (interpretation of Part 1) is amended as.
- 11.(1) Section 36 (detention of defendant pending appeal by the.
- 12.In section 45(3ZA) (powers of court exercisable by single judge).
- 13.(1) Section 50 (interpretation) is amended as follows.
- 14.Omit Schedule 2 (consequences and effect of order under section.
- 15.(1) Article 28 (appeals and applications to county courts) is.
- 16.In Article 140 (appeals against conviction, sentence etc) after paragraph.
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- Introduction
- Introductory
- General requirements as to making instruments
- Part 1 Preliminary
- Removal to other parts of UK of persons detained under Part 2