MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 20 Rectification of applications, recommendations or reports.

	[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 20

Rectification of applications, recommendations or reports.

20.(1) Where within the period of twenty-eight days beginning with the day on
which a patient has been admitted to a hospital in pursuance of an application
for admission the application, or any recommendation for admission or
medical report given for the purposes of, or in connection with, the
application, is found to be in any respect incorrect or defective, the
application, recommendation or report may, within that period and with the
consent of the [Health and Social Services Board administering] the hospital
where the patient then is, be amended by the person by whom it was signed; and
when any such amendment is made the application, recommendation or report
shall have effect and shall be deemed always to have had effect as if it had
been originally made as so amended.

(2) Without prejudice to sub-section (1), where within the period mentioned in
that sub-section it appears to the [Health and Social Services Board
administering] the hospital that a recommendation for admission or
medical report is insufficient to warrant the detention of a patient in
pursuance of an application for admission, [it] may, within that period, give
notice in writing to that effect to the applicant; and when any such notice is
given in respect of a recommendation for admission or medical report, that
recommendation or report shall be disregarded, but the application shall be,
and shall be deemed always to have been, sufficient if

(a)a fresh recommendation for admission or medical report complying with the
relevant provisions of this Part (other than those relating to the period
within which the recommendation must be signed or the report given) is
furnished to the [Health and Social Services Board] within that period; and

(b)that recommendation or report complies with those provisions.

(3) Where the recommendation for admission and the medical report in respect
of any patient are, taken together, insufficient to warrant the detention of
the patient under this Part, a notice may be given under sub-section (2) in
respect of that recommendation or report, but this sub-section shall not apply
where, by virtue of sub-section (4) of section nineteen, the application has
not any effect.

(4) Nothing in this section shall be construed as authorising the giving of
notice in respect of an emergency application, or the detention of a patient
admitted in pursuance of such an application, after the period of seven days
referred to in sub-section (3) of section fifteen, unless the provisions of
that sub-section and of section nineteen are complied with or would be
complied with apart from any error or defect to which this section applies.

Application for guardianship.

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

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mhai1961288/s20.html

Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 20