{
  "url": "https://openlegislation.uk/mental-capacity-2016-act-commencement-no-1-amendment-order-northern-ireland-2019/article-2",
  "json_url": "https://openlegislation.uk/mental-capacity-2016-act-commencement-no-1-amendment-order-northern-ireland-2019/article-2.json",
  "legislation": "nisr/2019/190",
  "legislation_title": "The Mental Capacity (2016 Act) (Commencement No. 1) (Amendment) Order (Northern Ireland) 2019",
  "legislation_url": "https://openlegislation.uk/mental-capacity-2016-act-commencement-no-1-amendment-order-northern-ireland-2019",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Amendments of the principal Order",
  "text": "(1) The principal Order is amended as follows.\n(2) For Article 2 there shall be substituted—\n“Appointed days for provisions coming into operation\n2. (1) The day appointed for the coming into operation of the provisions of the Act specified in Part 1 of the Schedule, in so far as it relates to an act that is research, is 1st October 2019.\n(2) The day appointed for the coming into operation of the provisions of the Act specified in Part 2 of the Schedule for all purposes is 2nd December 2019.\n(3) The day appointed for the coming into operation of the provisions of the Act specified in Part 3 of the Schedule, in so far as it relates to an act that is a deprivation of liberty, offences or section 276 (power to make regulations about dealing with money and valuables), is 2nd December 2019.\n(4) The day appointed for the coming into operation of the provisions of the Act specified in Part 4 of the Schedule, in so far as it relates to an act that is a deprivation of liberty, is 2nd December 2019.\n(5) The day appointed for coming into operation of the provisions of the Act specified in Part 5 of the Schedule, in so far as it relates to an act that is a deprivation of liberty, is 2nd December 2020.”\n(3) For the Schedule there shall be substituted—\n“SCHEDULE\nArticle 2\nPART 1\nProvisions coming into operation on 1st October 2019 in so far as it relates to an act that is research\nProvisions of the Act\nSubject Matter\nSections 1 to 8\nPrinciples, including capacity assessment and best interests\nSections 132 to 138\nResearch\nPART 2\nProvisions coming into operation on 2nd December 2019 for all purposes\nProvisions of the Act\nSubject Matter\nSection 266(1)(c) and Schedule 8 paragraphs 1, 2, 3(1), (2), (3) but omit after “(Northern Ireland) 2016” and (9), 4 but omit until “In-patients under 16: duties of hospital managers”, 38, 39, 47, 48(1), (2), (5) and (6), and 71”.\nAmendments to the Mental Health (Northern Ireland) Order 1986 to allow for a functioning Review Tribunal and to provide a duty on hospital managers in relation to age appropriate accommodation\nSection 274\nThe Review Tribunal - renaming\nSection 276\nMoney and valuables\nSection 303(2) and Schedule 11 in so far as it relates to Article 83 of, and Schedule 3 paragraph 4(1) and 5 to, the Mental Health (Northern Ireland) Order 1986\nRepeals of parts of the Mental Health (Northern Ireland) Order 1986\nPART 3\nProvisions coming into operation on 2nd December 2019 in so far as it relates to an act that is a deprivation of liberty, offences or section 276 (power to make regulations about dealing with money and valuables)\nProvisions of the Act\nSubject Matter\nSections 1 to 8\nPrinciples, including capacity assessment and best interests\nPART 4\nProvisions coming into operation on 2nd December 2019 in so far as it relates to an act that is a deprivation of liberty\nProvisions of the Act\nSubject Matter\nSection 9(1) to (3)\nProtection from liability - general\nSection 9(4)(b)\nProtection from liability – additional safeguards\nIn section 9(4)(d) “sections” and “24,26”\nProtection from liability – additional safeguards\nSection 9(5) and (6)\nProtection from liability – help and support and parents\nSection 10(1)\nLimitations of section 9\nSections 13 to 15\nAdditional safeguards – formal assessment of capacity and nominated persons\nSection 24\nDeprivation of liberty – additional safeguards\nSection 25 and Schedule 1 paragraphs 1, 2(1), 2(2)(b), 2(3), 2(4)(b), 3, 5 to 8, 10, 13 to 16, 19, 20 and 22 to 27 and Schedule 2\nDeprivation of liberty – additional safeguards\nSections 26 and 27\nDeprivation of liberty – additional safeguards\nSections 37 to 39\nExtensions of authorisation\nSection 40 and Schedule 3 paragraphs 1, 2(1), 2(2), 2(3)(a), 3 to 9\nExtension of authorisation\nSection 41(1), (2)(b), (3) and (4)\nExtensions of authorisation\nSection 42\nExtensions of authorisation\nSection 43(1) to (6) and (7)(a)\nExtensions of authorisation\nSection 44\nExtensions of authorisation\nSection 45(1) to (3)\nReview Tribunal applications\nSection 45(4) but omitting “section 29(4) or 32(4) or”\nReview Tribunal applications\nSections 46 to 48\nReview Tribunal applications\nSection 50(1)(a), (b) but omitting “or (d)”, (c), (2) and (3)\nReferences to the Tribunal\nSection 51(1) to (3), (4)(b) and (5)\nReview Tribunal powers\nSections 52 and 53\nReview Tribunal powers\nSection 54\nMedical reports and nominated person\nSection 56(1), (2)(a), (3) and (4)\nMedical reports and emergency situations\nSections 57 to 59\nProvisions of information and other supplementary provisions\nSection 60(1) and (2)(d)\nActs where Part 2 is not applicable\nSections 61 and 62\nPower to make further provisions and disregard\nSection 63(2)(a)\nProtection from liability – definition of serious intervention\nSection 64\nProtection from liability – definition of serious intervention\nSection 65(1) but omitting “16” to “20” and “28 and 35”, (2) to (5)\nEmergency provisions\nSection 66(1)(a), (b), (d) but omitting “19,20” and “28”, (2) to (6)\nEmergency provisions – definitions etc\nSections 67 to 68\nFailure by person other than D to take steps to ensure safeguards are met and interpretations of Part 2\nSections 69 to 79\nNominated persons provisions\nSection 80(1) to (4), (5)(a) to (c), (f) and (g), (6) and (7)\nNominated persons provisions\nSections 81 to 85\nNominated persons provisions\nSection 267(1), (2)(a), (3) and (4)\nOffence of ill-treatment and neglect\nSection 268(1), (2), (3)(a), (c), (d), (4), (5)\nOffence of forgery, false statement, etc\nSection 270\nOffence of assisting a person to absent themselves\nSection 272(1) to (3), (4)(b) until “48” and (c) but omitting “or 126”\nOffences of obstruction\nSection 273\nOffences by bodies corporate\nSection 275\nReview Tribunal\nSection 280\nApproved social workers\nSection 281\nMiscellaneous functions of HSC trusts\nSection 288(1)(a) to (c), (e) and (i), (2) to (8)\nCode of Practice\nSection 289(1), (2)(a), (b), (3) and (4)\nCode of Practice\nSections 290(1) and (2)(a), (c) and (d) and 291(1) and (2)(a) and (c) and (3)\nProvision of information and facilities\nSection 292\nWarrants\nSection 296\nSpecial accommodation\nSection 297\nTrust panels\nSection 299\nRisk of serious physical harm to others\nSection 300(1)(a) and (c) to (e), and (2) to (4)\nMedical practitioners who can make medical reports\nSection 301\nDocuments appearing to be duly made\nPART 5\nProvisions coming into operation on 2nd December 2020 in so far as it relates to an act that is a deprivation of liberty\nProvisions of the Act\nSubject Matter\nSection 269\nOffence of unlawful detention\n”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2019/190/article/2",
    "retrieved_at": "2026-10-29T00:45:38.440464+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}