Coronavirus Bill (HC Bill 122)

with sub-paragraph (3), and if not the reasons why it was not
practicable to do so.

(7) The statement must contain a summary of the views (if any) expressed by
the patient and the person (if any) who was informed in accordance with
sub-paragraph (3).

(8) 5Article 5 otherwise does not apply in relation to an application for
assessment made in reliance on this paragraph.

(9) Where an application for assessment is made by a relevant social worker in
reliance on this paragraph, Form 2 has effect as if—

(a) in the heading, for “an approved social worker” there were
10substituted “a relevant social worker”;

(b) for the sentence beginning “I am an officer of” there were substituted
“I am a relevant social worker in accordance with paragraph 3 of
Schedule 9 to the Coronavirus Act 2020.”;

(c) for the two sections headed “The following section should be
15completed if nearest relative consulted” and “The following section
should be completed if nearest relative not consulted” there were
substituted—

“I have informed [full name of patient], before making this
application, as specified in the written statement by me which
20accompanies this application.

Delete either (a), (b) or (c) as appropriate

(a) I have informed [name and address] who, to the best of my
knowledge and belief, is the patient’s nearest relative, before making
this application, as specified in that written statement.

25OR

(b) I have informed [name and address] who I understand has been
authorised by a county court to exercise the functions under the
Order of the patient’s nearest relative, before making this
application, as specified in that written statement.

30OR

(10) In this paragraph, “relevant social worker” means a person (other than an
approved social worker) who—

(a) is registered as a social worker in the principal part of the register
maintained by the Northern Ireland Social Care Council under
35section 3 of the Health and Personal Social Services Act (Northern
Ireland) 2001, and

(b) has at least 5 years’ experience of working as a social worker within
the 10 years immediately preceding the day on which the application
is made; and for this purpose the 5 years need not be a single period,
40or continuous periods, of such experience.

Medical recommendation

4 Article 6(a) (medical practitioner to have personally examined patient not
more than 2 days before date on which signs medical recommendation) has
effect in relation to an application for assessment made during a period for

which this paragraph has effect (whether by an approved social worker or a
relevant social worker) as if for “two days” there were substituted “five
days”.

Applications for compulsory admission for assessment in respect of patients already in hospital

5 (1) Article 7(2) (period for which patient can be detained following report by
5medical practitioner on staff of hospital) has effect in relation to any patient
detained after the beginning of any period for which this sub-paragraph has
effect as if for “48 hours” there were substituted “120 hours”.

(2) Article 7(3) (period for which patient can be detained pending report by
medical practitioner on staff of hospital) has effect has effect in relation to
10any patient detained after the beginning of any period for which this sub-
paragraph has effect as if for “6 hours” there were substituted “12 hours”.

The assessment period

6 (1) Article 9(1) (period within which patient admitted to hospital in pursuance
of an application for assessment must be examined by a medical
15practitioner) has effect as if for “immediately after” there were substituted
“as soon as practicable and not later than 12 hours after”.

(2) Article 9(4) (period for which patient may be detained in hospital for
assessment following report on examination under Article 9(1)) has effect —

(a) as if for sub-paragraph (b) there were substituted—

“(aa) 20where the report was furnished by any other medical
practitioner, and the conditions in paragraph (4A)
were satisfied, for a period not exceeding 120 hours
from the time when the report was furnished;

(b) where the report was furnished by any other medical
25practitioner, and any of the conditions in paragraph
(4A) was not satisfied, for a period not exceeding 48
hours from when the report was furnished;”, and”

(b) as if after paragraph (4) there were inserted—

“(4A) The conditions are that the medical practitioner—

(a) 30had (at the date on which the examination of the
patient in accordance with paragraph (1) was carried
out) at least 5 years’ experience of working with
mental health patients within the 10 years
immediately preceding that date;

(b) 35considered that it was impractical for the responsible
medical practitioner or a medical practitioner
appointed for the purposes of this Part by RQIA to
carry out the examination under paragraph (1) before
the end of the period of 48 hours from the date on
40which the report was furnished; and

(c) furnished together with the report a written
statement specifying that the practitioner—

(i) had the experience referred to in sub-
paragraph (a); and

(ii) 45was of the opinion referred to in sub-
paragraph (b).

(4B) The 5 years’ experience referred to in sub-paragraph (4A)(a)
need not be a single period, or continuous periods, of such
experience.”

(3) Article 9(5) (period within which patient must be examined by responsible
5medical officer where examination under Article 9(1) was not by that officer)
has effect as if for “sub-paragraph (b) of paragraph (4)” there were
substituted “sub-paragraph (aa) or (b) of paragraph (4)”.

(4) Article 9(8) (further period for which patient may be detained for assessment
where responsible medical officer furnishes report under Article 9(8)) has
10effect as if for “7 days” there were substituted “21 days”.

Rectification of applications, recommendations and reports

7 Article 11(1) (period within which application for assessment, medical
recommendation or report furnished under Article 9 may be amended) has
effect as if for “14 days” there were substituted “28 days”.

15Detention for treatment

8 (1) A relevant medical practitioner may, during the period for which a patient
is detained for assessment by virtue of Article 9(8) (as modified by
paragraph 6(4)) (the “extended assessment period”)—

(a) examine a patient who is detained for assessment by virtue of Article
209(8), and

(b) furnish to the responsible authority a report of the examination,

if the practitioner considers that it would be impractical for an RQIA
practitioner to carry out the examination of the patient and furnish the
report of that examination under Article 12(1) during that period.

(2) 25For the purposes of sub-paragraph (1), sub-paragraphs (a) to (d) of Article
12(1) apply as if the reference in each to “his opinion” were a reference to the
relevant medical practitioner’s opinion.

(3) A report in reliance on this paragraph must be in the form prescribed under
paragraph (1) of Article 12 for a report under that sub-paragraph (Form 10),
30but as if for the sentence beginning “I [full name and professional address of
medical practitioner]” there were substituted—

(4) Article 12(2) applies in relation to a report in reliance on this paragraph as it
applies to a report under Article 12(1).

(5) A report by a relevant medical practitioner in reliance on sub-paragraph (1)
35must be accompanied by a written statement by the practitioner specifying
that—

(a) the practitioner is of the opinion referred to in sub-paragraph (1), and

(b) the practitioner has the experience required by this paragraph (see
sub-paragraph (9)).

(6) 40Where, before the end of the extended assessment period—

(a) an examination of a patient is carried out and a report is furnished in
reliance on this paragraph, and

(b) the report is accompanied by a written statement in accordance with
sub-paragraph (5),

the report is sufficient authority for the responsible authority to detain the
patient in hospital for treatment for a period not exceeding 28 days from the
5end of the extended assessment period, pending an examination of the
patient by an RQIA practitioner.

(7) Where an RQIA practitioner examines the patient and furnishes a report of
the examination under Article 12(1) before the end of the period of 28 days
referred to in sub-paragraph (6), the report has the same effect as if the RQIA
10practitioner had examined the patient and furnished the report before the
end of the extended assessment period.

(8) The responsible authority must immediately forward to RQIA a copy of any
report furnished to it in reliance on this paragraph.

(9) In this paragraph, a “relevant medical practitioner” means a medical
15practitioner who—

(a) is not an RQIA practitioner, and

(b) has at least 5 years’ experience of working with mental health
patients, of which at least one year’s experience must have been of
working with patients who were detained for treatment.

20Periods of remand to hospital

9 Article 42(7) (including as applied by Article 43(5)) (periods of remand of
accused to hospital for report on mental condition or treatment) has effect as
if the words “or for more than 12 weeks in all” were omitted.

Required medical evidence for remand to hospital, hospital or guardianship order, interim
25hospital order, determinations of question of fitness to be tried or finding of not guilty on
ground of insanity

10 (1) A court may make an order, determination or direction under a provision
listed in sub-paragraph (2) if the court—

(a) is satisfied that complying with the requirement applying to that
30provision for the oral evidence of an RQIA practitioner and the
written or oral evidence of one other medical practitioner is
impractical or would involve undesirable delay, and

(b) is satisfied on the evidence of a single RQIA practitioner of the
matters of which it would (but for this paragraph) have to be
35satisfied on the evidence of two practitioners as referred to in sub-
paragraph (a),

and any other conditions for the making of the order, determination or
direction are met.

(2) The provisions referred to in sub-paragraph (1) are—

(a) 40Article 43(1) (order remanding accused person to hospital for
treatment);

(b) Article 44(1)(a) or (b) (hospital order, or guardianship, in respect of
convicted person);

(c) Article 45(1) (interim hospital order in respect of convicted person
45pending final hospital order or other disposal);

(d) Article 49 (determination of question of fitness of person to be tried
on indictment);

(e) Article 50(1) (direction for recording of finding that person is not
guilty of offence charged on indictment on ground of insanity).

(3) Article 44(7) has effect as if—

(a) for “described by each of the practitioners” there were substituted
5“described by the practitioner”;

(b) for “whether or not he is also described by either of them” there were
substituted “whether or not he is also described by the practitioner”.

Required medical evidence for hospital order in respect of certain other detained persons in their
absence

11 10A court may make an order under Article 57(5) (hospital order in respect of
a detainee falling within Article 54(2)(a) in absence of detainee) if the court—

(a) is satisfied that complying with the requirement under Article 57(6)
for the oral evidence of two RQIA practitioners is impractical or
would involve undesirable delay, and

(b) 15is satisfied on the evidence of a single RQIA practitioner of the
matters of which it would (but for this paragraph) have to be
satisfied on the evidence of two practitioners as referred to in sub-
paragraph (a),

and any other conditions for the making of the order are met.

20Directions for the transfer of prisoners etc to hospital

12 (1) The Department of Justice in Northern Ireland may give a transfer direction
under Article 53(1) (transfer of prisoners etc to hospital) if the Department—

(a) is satisfied that complying with the requirement under that
provision for written reports from at least two registered medical
25practitioners, one of whom is an RQIA practitioner, is impractical or
would involve undesirable delay, and

(b) is satisfied of the matters mentioned in paragraphs (a) and (b) of that
provision by a written report from a single RQIA medical
practitioner,

30and any other conditions for the giving of the transfer direction are met.

(2) Article 54(1) has effect as if for “satisfied by the same reports as are required”
there were substituted “satisfied by the same report as is required”.

Conveyance of accused or convicted persons to hospital

13 (1) The following provisions have effect as if references to conveying or
35admitting a person to hospital within a specified period were references to
doing so within that period or as soon as practicable after the end of that
period—

(a) Article 42(9)(c) (including as applied by Article 43(5)) (period within
which accused person remanded to hospital for report on mental
40condition or treatment must be conveyed and admitted to hospital);

(b) Article 46(2) and (3) (period within which person in respect of whom
hospital order or interim hospital order is made must be conveyed
and admitted to hospital).

(2) Article 46(4) has effect as if for “within the period of 28 days referred to in”
45there were substituted “in accordance with”.

(3) Article 53(2) (including as applied by Article 54(3)) (period within which
person subject to transfer direction must be received into hospital) has effect
as if for “14 days” there were substituted “28 days”.

Designation of, and admission of persons to, different hospitals in pursuance of hospital orders

14 (1) 5The Department of Health may designate a different hospital to that which
it previously designated under—

(a) Article 46(1) or (3)(a), or

(b) this sub-paragraph,

where the Department considers that the conditions in sub-paragraph (2) are
10met.

(2) Those conditions are—

(a) that in all the circumstances it is impractical and would involve
unreasonable delay for the person who is the subject of the hospital
order or interim hospital order to be admitted to the hospital
15previously designated by it, and

(b) that it would be possible for the person to be admitted sooner to the
different hospital.

(3) The power in sub-paragraph (1)(b) may be exercised on more than one
occasion where the Department of Health considers that to be expedient.

(4) 20Where the Department of Health designates a hospital by virtue of sub-
paragraph (1)—

(a) the new designation takes the place of the previous designation;

(b) the references in Article 46(2) and (3) (as modified by paragraph
13(1)(b)) to conveying or admitting the person to hospital apply as
25regards the hospital specified in the new designation and as if the
time limits for doing so begin with the date of that designation.

Code of practice

15 (1) The Code of Practice for the time being published under Article 111 is subject
to the provisions of such further Code of Practice (“temporary Code”) as the
30Department of Health may prepare, as appropriate revise, and publish, for
the guidance, in relation to a period for which a provision of this Schedule
has effect, of medical practitioners, the Board, authorised HSC trusts, staff of
hospitals and social workers in relation to admission of patients to hospitals.

(2) The Department of Health must consult RQIA, and such other bodies as
35appear to it to be concerned, in relation to the preparation or revision by it
of any such temporary Code.

Part 3 Transitional provision

16 Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for
40which it has effect for the purposes of determining the length of any period
which has begun before the end of that period.

17 Where, by virtue of paragraph 9, a person has been remanded under Article
42 or 43 for more than 12 weeks in all, the person may not be further

remanded under that provision after the end of a period for which that
paragraph has effect.

18 (1) Paragraph 13(1) or 14(4) continues to apply after the end of a period for
which it has effect in relation to any order or direction made during that
period, subject to sub-paragraph (2).

(2) 5The constable or other person whose duty is modified by paragraph 13(1) or
14(4) (as the case may be) must in any event convey the person concerned to
the requisite hospital before—

(a) the end of the period specified in Article 42(9)(c) or Article 46(2) or
(3), without the modification made by the provision concerned, or

(b) 10the end of the period of seven days beginning with the day on which
the period referred to in sub-paragraph (1) ends,

whichever is later.

Part 4 Review of operation of certain provisions of this Schedule

19 (1) 15Each HSC trust must maintain a record of each instance where—

(a) an application for assessment is made in reliance on paragraph 3,

(b) a patient was detained for assessment in reliance on Article 9(4)(aa)
or (b) (as substituted by paragraph 6(2)(a)), and

(c) a report is furnished in reliance on paragraph 8.

(2) 20The HSC trust must prepare a report containing an evaluation by it of each
such instance and its opinion as to whether the reliance—

(a) by the relevant social worker on paragraph 3,

(b) by the medical practitioner on Article 9(4)(aa) or (b) (as substituted
by paragraph 6(2)(a)), or

(c) 25by the relevant medical practitioner on paragraph 8,

was appropriate.

(3) The HSC trust must send the report under sub-paragraph (2) to the
Department of Health no later than 56 days after the end of a period for
which the paragraph of this Schedule in question has effect.

Section 9

30SCHEDULE 10 Mental capacity: Northern Ireland

Part 1 Introductory provision etc

Interpretation

1 (1) 35In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern
Ireland) 2016 (c. 18 (N.I.)).

(2) In this Schedule—

(a) references to sections are to sections of the 2016 Act;

(b) references to Schedules are to Schedules to that Act.

(3) Expressions used in this Schedule and in the 2016 Act have the meaning
given in that Act.

Prescribed forms

2 5Where any form prescribed for use in connection with a provision of the
2016 Act is inconsistent with a modification made by Part 2 of this Schedule,
the form—

(a) may, in connection with the provision as so modified, be used with
appropriate amendments,

(b) 10is otherwise, for use in that connection, to be read with such
amendments as are necessary to reflect the modification.

Part 2 Modifications of the Mental Capacity Act (Northern Ireland) 2016

Proceedings of panels constituted to decide applications

3 15Section 297(2) (panels to have 3 members, all present) has effect as if for “(all
of whom must be present during any proceedings of the panel)” there were
substituted “, all of whom must be present during any proceedings of the
panel, except where—

“(a) the panel does not hear oral evidence,

(b) 20each of the members provides a written opinion, and

(c) the decision of the panel is unanimous.”

Time limit for panel’s decisions regarding authorisations of certain serious interventions

4 Paragraph 19(2) of Schedule 1 (time limit for panel’s decision) has effect as
if for “7 working days” there were substituted “28 working days”.

25Interim authorisations by panels of certain serious interventions

5 Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if
in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were
substituted “56 days”.

Report authorising short-term detention in hospital for examination etc

6 30Paragraph 4(2) of Schedule 2 (medical practitioner making medical report
for inclusion in report under paragraph 2 to have examined P not more than
2 days before date on which medical report is made) has effect in relation to
the making of a medical report during a period for which this paragraph has
effect as if for “two days” there were substituted “five days”.

7 35Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have
personally seen P not more than 2 days before date on which report is made)
has effect in relation to the making of a report during a period for which this
paragraph has effect as if for “two days” there were substituted “five days”.

Consultation required before such a report is made

8 (1) Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a
report under paragraph 2 of Schedule 2 only if the person has consulted an
approved social worker) has effect as if for “only if the person has consulted
5an approved social worker.” there were substituted “only if—

“(a) the person has consulted an approved social worker, or

(b) the person considers that it is impractical or would involve
undesirable delay to consult an approved social worker, the
person has consulted a relevant social worker.”

(2) 10A person who in relation to the person’s proposal to make a report under
paragraph 2 of Schedule 2—

(a) is of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as
inserted by sub-paragraph (1)), and

(b) is proposing to consult a relevant social worker in reliance on that
15paragraph,

must inform P, and where practicable P’s nominated person, of those facts.

(3) A report by a person under paragraph 2 of Schedule 2 who has consulted in
reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph
(1)) must be accompanied by a written statement complying with sub-
20paragraphs (4) and (5).

(4) The statement must specify—

(a) that the person was of the opinion referred to in paragraph 6(1)(b) of
Schedule 2 (as inserted by sub-paragraph (1)) and accordingly
consulted a relevant social worker;

(b) 25that the person has informed P as referred to in sub-paragraph (2);

(c) whether the person has informed P’s nominated person as referred
to in sub-paragraph (2), and if not, the reasons why it was not
practicable to do so.

(5) The statement must contain a summary of the views (if any) expressed by P
30and P’s nominated person.

(6) In this paragraph a “relevant social worker” means a person (other than an
approved social worker), who—

(a) is registered as a social worker in the principal part of the register
maintained by the Northern Ireland Social Care Council under
35section 3 of the Health and Personal Social Services Act (Northern
Ireland) 2001, and

(b) appears to the person proposing to make the report to have at least 5
years’ experience within the 10 years immediately preceding the day
on which the report is proposed to be made of working as a social
40worker in relation to persons who lack capacity; and for this purpose
the period of 5 years need not be a single period, or continuous
periods, of such experience.

Extension by panel of period of authorisation

9 Paragraph 9(2) of Schedule 3 (time limit for panel’s decision on application
45for extension of period of authorisation) has effect as if for “7 working days”
there were substituted “28 working days”.

Additional notification requirements for panels

10 Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect,
operates in reliance on that paragraph, the panel must as soon as practicable
after making the decision concerned give written notice of that fact to P and
5P’s nominated person.

Period of detention in place of safety

11 Section 146(1) (maximum period of detention of person removed from
public place to place of safety under section 139) has effect in relation to a
person detained after the beginning of any period for which this paragraph
10has effect as if for “24 hours” there were substituted “36 hours”.

Periods of remand to hospital

12 Section 162(5) (periods of remand or further remand of accused to hospital
for report on mental condition or treatment) has effect as if the words “or for
more than 12 weeks in total” were omitted.

15Required medical evidence for court to be satisfied treatment condition is met in relation to
remand to hospital

13 (1) A court considering whether to remand an accused person to hospital under
section 162(1) may regard the treatment condition as met where the court—

(a) is satisfied that complying with the requirement under section 165(3)
20for the evidence of at least two registered medical practitioners in
accordance with that provision is impractical or would involve
undesirable delay, and

(b) is satisfied on the written or oral evidence of a single relevant
medical practitioner of the matters of which it would (but for this
25paragraph) have to be satisfied on the evidence of at least two
practitioners as referred to in sub-paragraph (a),

and any other requirements for the treatment condition to be met are
satisfied.

(2) In sub-paragraph (1)(b), “relevant medical practitioner” means a medical
30practitioner referred to in paragraph (a) or (b) (as the case may be) of section
165(3).

Required medical evidence for public protection orders, interim detention orders,
determinations of question of fitness to be tried or findings of not guilty on ground of insanity

14 (1) A court may make an order, determination or direction under a provision
35listed in sub-paragraph (2) if the court—

(a) is satisfied that complying with the requirement under that
provision for the written or oral evidence of at least two medical
practitioners, including the oral evidence of an approved medical
practitioner, is impractical or would involve unreasonable delay,
40and

(b) is satisfied on the written or oral evidence of a single approved
medical practitioner of the matters of which it would (but for this
paragraph) have to be satisfied on the evidence of at least two
practitioners as referred to in sub-paragraph (a),