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  • Mental Health (Northern Ireland) Order 1986 – Code of Practice (2026 Revision)

    Date published: 9 July 2026

    Last updated: 26 August 2026

    Mental Health (Northern Ireland) Order 1986 – Code of Practice (2026 Revision)

    Amendments made to online version of revised code subsequent to its launch on 9 July 2026

    DatePage no.Para no.Details of amendment   
    27 July 20264N/A‘The Guidelines and Audit Implementation Network (GAIN) Guidelines on the Use of The Mental Health (Northern Ireland) Order 1986 (October 2011)’ was added to the list of documents that will be stood down following the approval of the Revised Code.   
    27 July 2026211.20Bullet point 5 amended to read ‘When the patient has fluctuating capacity, and the risks are such that a delay in assessment cannot be justified, it should proceed’.  Bullet point 9 deleted (unnecessary duplication).   
    27 July 2026211.20‘process5’ amended to ‘process5’   
    13 Oct 2026703.30The decision to step down Article 129(5) or Article 130(2), before the medical assessment and ASW assessment under the Order have taken place, should be made by the senior decision makers in the place of safety, based on their own examination, collateral history, and all available information, including relevant past history. The decision to step down Article 129(5) or 130(2) would have to be based on the finding that there was no mental disorder. Senior decision makers are normally the consultant in charge of the patient or the senior doctor on shift. The decision makers can, on a case-by-case basis, determine if either one of them can make the decisions required. HSC senior decision makers have overarching care and treatment responsibilities for the patient whilst they are in their care.   

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