BAILII [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] [Next] [Download] [Help]


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.


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

© 1961 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mhai1961288/s32.html