- a qualifying person
means—
- a relevant medical report
means—
- a suitable medical practitioner
means—
- an appropriate healthcare professional
means a person who—
- an effective advance decision to refuse treatment
means a decision which, under the common law relating to advance decisions, has the same effect as if at the material time P—
- application
means an application under this Schedule.
- appointment
means an appointment under section 70.
- appropriate healthcare professional
means a person of a prescribed description.
- appropriate medical practitioner
means a medical practitioner who is unconnected with P and is permitted by regulations under section 300 to make the report;
- approved research project
means a research project which is for the time being approved for the purposes of this Part by the appropriate body in accordance with section 134.
- approved social worker
has the meaning given by section 280;
- authorisation
means an authorisation under paragraph 15 of Schedule 1;
- authorised measure
means a measure which is authorised by the authorisation and has begun;
- care
means any care given where the patient is being assessed or treated for mental disorder. 4 In this paragraph references to assessment or treatment are to any assessment or treatment, whether or not under Part 2. 3B 1 This Article applies where for any purpose of this Order it falls to a person to determine what treatment or care would be in the best interests of a patient (“C”) who is under 16. 2 In determining what would be in C's best interests, the person must take into account C's age but must not make the determination merely on the basis of— a C's age or appearance;
- care home
means— (a) a residential care home, as defined by Article 10 of the 2003 Order, in respect of which a person is registered under Part 3 of that Order;
- care or treatment
includes care and treatment;
- children
means children under 16.
- clinical trials regulations
means—
- code of practice
means a code of practice under section 288.
- community residence requirement
has the meaning given by section 31;
- Court Visitor
has the meaning given by section 130;
- deprivation of liberty
means a deprivation of liberty within the meaning of Article 5(1) of the Human Rights Convention (and for the purposes of any reference to a deprivation of liberty, it does not matter whether the deprivation of liberty is done by a public authority or not);
- detention
means detention in circumstances amounting to a deprivation of liberty.
- enduring power of attorney
means a power of attorney that is an enduring power within the meaning of the Enduring Powers of Attorney (Northern Ireland) Order 1987;
- examination
includes further examination.
- formal capacity assessment
means an assessment carried out by a suitably qualified person (who may be D if D is suitably qualified) of whether P lacks capacity in relation to the matter in question.
- further care
means such one or more of the following as are appropriate in P's case—
- health record
has the meaning given by section 205 of the Data Protection Act 2018;
- hospital
means any establishment whose main purpose is to provide treatment to people with illness and which— (a) receives such people as in-patients;
- illness
includes any injury, disorder or disability requiring treatment or nursing (see subsection (4));
- impairing condition
means a condition which is (or may be) attributable to, or which causes or contributes to (or may cause or contribute to), an impairment of, or a disturbance in the functioning of, the mind or brain;
- in a professional capacity
means under a contract of employment, under any other contract with any person, or as a volunteer for any organisation.
- independent advocate
means a person who has been appointed by an HSC trust, in accordance with the regulations, to be a person to whom the trust may from time to time offer instructions to represent and provide support to a patient who is under 16 in relation to matters specified in the instructions. 3 The regulations may in particular— a require HSC trusts to make arrangements for the purpose of ensuring that independent advocates are available to be instructed;
- independent hospital
has the same meaning as in the 2003 Order;
- independent mental capacity advocate
has the meaning given by section 86;
- judicial proceedings
includes, in addition to proceedings before any of the ordinary courts of law, proceedings before any tribunal, body or person that has power— to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question.
- lasting power of attorney
has the meaning given by section 97;
- life-sustaining treatment
means treatment that in the view of a person providing health care for the person concerned is necessary to sustain life;
- medical practitioner
means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act;
- medical report
means—
- mental disorder
has the meaning given by section 305;
- nominated person
has the meaning given by section 69;
- panel
means a panel constituted under—
- parental responsibility
has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 6 of that Order);
- person who has been subject to short-term detention
means a person who—
- place of detention
means a place where the person is detained, by virtue of this Act, in circumstances amounting to a deprivation of liberty.
- proceedings
includes proceedings before a tribunal and proceedings of any panel constituted under Schedule 1 or 3.
- property
includes any thing in action and any interest in real or personal property;
- psychosurgery
means any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue;
- public authority
has the same meaning as in the Human Rights Act 1998;
- Public Guardian
has the same meaning as in section 125;
- purchaser
means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property;
- related detention
means—
- relevant authority
means— (a) in relation to a person in a hospital or care home, the managing authority of the hospital or care home;
- relevant decision
means a decision concerning P's property or affairs which— (a) is made by the court on P's behalf under section 113(2)(a);
- relevant department
means—
- relevant document
means any of the following—
- relevant earlier authorisation
means— which is in force immediately before the grant of the later authorisation.
- relevant information
means information which is—
- relevant person
means a person who—
- relevant place
means—
- relevant provision
means—
- relevant step
means making an application under Schedule 1 where a measure that would need authorisation under that Schedule is proposed in relation to P.
- RQIA
means the Health and Social Care Regulation and Quality Improvement Authority;
- rules of court
means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978;
- serious intervention
means an intervention in connection with the care, treatment or personal welfare of P which (or any part of which)—
- statement of incapacity
means a statement in writing, by the person who carried out the formal capacity assessment (“the assessor”)—
- statutory provision
has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
- subject to an additional measure
has the meaning given by section 23;
- supportive steps
means steps to help or support the person to whom the act relates (“P”) to enable P to make a decision for himself or herself about the matter.
- the 2003 Order
means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
- the court
(except in Part 10) means the High Court;
- the criteria for authorisation
has the meaning given by paragraph 2(3);
- the current period
means— (a) in the case of an extension under section 37, the initial period;
- the date of admission
means the date when the report under paragraph 11 was made (whether or not that report was made as mentioned in sub-paragraph (1)(a)(i)).
- the Department
means the Department of Health;
- the Human Rights Convention
has the same meaning as “the Convention” in the Human Rights Act 1998;
- the information relevant to the decision
includes information about the reasonably foreseeable consequences of—
- the managing authority
means the managing authority of the hospital specified in the authorisation report;
- the material time
means the time when the question arises whether the treatment should be carried out or continued.
- the Mental Health Order
means the Mental Health (Northern Ireland) Order 1986;
- the period allowed for admission
means—
- the permitted period
means the period of 28 days beginning with the date of admission (as defined by paragraph 14(3)).
- the relevant detention
means the detention mentioned in subsection (1)(a).
- the relevant people
means— a every person who has parental responsibility for C;
- the relevant time
means—
- the relevant trust
means—
- the reporting period
means— (a) in the case of an extension under section 37, the last month of the current period;
- the responsible person
means a person prescribed by regulations.
- the Tribunal
means the Review Tribunal constituted under Article 70 of the Mental Health Order;
- treatment
includes any examination, any procedure (diagnostic or otherwise), and any therapy;
- treatment with serious consequences
has the meaning given by section 21;
- trust corporation
has the same meaning as in the Trustee Act (Northern Ireland) 1958;
- working day
means a day that is not— (a) a Saturday or Sunday;