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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 35

Discharge of patients.

35.(1) Subject to sub-section (4) and to section thirty-six, a patient who is
for the time being liable to be detained or subject to guardianship under this
Part shall cease to be so liable if an order in writing discharging him from
detention or guardianship (in this Act referred to as "an order for
discharge") is made in respect of him by the responsible medical officer, by
the responsible [Health and Social Services Board] or by his nearest relative.

(2) A responsible medical officer shall make an order for discharge in respect
of a patient liable to be detained or subject to guardianship under this Part
where he is satisfied

(a)that the patient is no longer suffering from mental disorder; or

(b)that, having regard to the care or supervision which would be available for
the patient if he were discharged, it is not necessary in the interests of his
health or safety, or for the protection of other persons, that he should
continue to be so liable or subject.

Subs.(3) rep. by 1972 NI 14 art.109(3) sch.18

(4) A responsible medical officer shall not make an order for the discharge of
a patient detained in any special accommodation unless the [Health and Social
Services Board] consent to the discharge of the patient.

© 1961 Crown Copyright

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