The Mental Health (Amendment) (Northern Ireland) Order 2004 (N.I. 8)

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STATUTORY INSTRUMENTS

2004 No. 1272 (N.I. 8)
NORTHERN IRELAND
The Mental Health (Amendment) (Northern Ireland) Order 2004

	Made	6th May 2004
	Laid before Parliament	10th May 2004
	Coming into operation	14th May 2004

ARRANGEMENT OF ORDER

1.	Title and commencements

2.	Interpretation

3.	Amendment of Article 77(1) of the principal Order

4.	Amendment of Article 78 of the principal Order

At the Court at Buckingham Palace, the 6th day of May 2004
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Secretary of State has advised Her Majesty that because of the urgency of the matter it is necessary to make this Order in Council without a draft of it having been approved by resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Title and commencement
     1. - (1) This Order may be cited as the Mental Health (Amendment) (Northern Ireland) Order 2004.

    (2) This Order shall come into operation on the expiration of one week from the day on which it is made.

Interpretation
     2. - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order "the principal Order" means the Mental Health (Northern Ireland) Order 1986 (NI 4).

Amendment of Article 77(1) of the principal Order
     3. In Article 77 of the principal Order (power to discharge patients other than restricted patients) for paragraph (1) there shall be substituted -

Amendment of Article 78 of the principal Order
4. In Article 78 of the principal Order (power to discharge restricted patients subject to restriction orders) for paragraphs (1) and (2) there shall be substituted -

" (1) Where an application to the Review Tribunal is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to the tribunal, the tribunal shall direct the absolute discharge of the patient if -

(2) Where in the case of any such patient as is mentioned in paragraph (1) -

the tribunal shall direct the conditional discharge of the patient.".

A. K. Galloway
Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Articles 77 and 78 of the Mental Health (Northern Ireland) Order 1986 to remove the incompatibility of those provisions with Article 5(1) and 5(4) of the European Convention on Human Rights. In England and Wales, in the case of The Queen on the application of H v Mental Health Review Tribunal North & East London Region (Secretary of State for Health Intervening) (4 April 2001) the court made a declaration of incompatibility in respect of the corresponding provisions in sections 72(1) and 73(1) of the Mental Health Act 1983.

This Order provides that the Mental Health Review Tribunal for Northern Ireland shall direct the discharge of a patient if it is not satisfied that the criteria justifying his detention in hospital for treatment continue to exist.

Explanatory Memorandum

ISBN 0 11049151 3

Crown copyright 2004

Prepared 2 July 2004

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URL: http://www.bailii.org/nie/legis/num_orders/2004/20041272.html