OpenLegislation

Mental Capacity Act (Northern Ireland) 2016

2016 nia 18 · Enacted 9 May 2016 · Extends to Northern Ireland

Not fully up to date. 21 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2022.

See the changes not yet applied
ProvisionChangeMade by
s. 178(6)applied (with modifications) by 1980 c. 47, s. 36(3A)(c) (as substituted)Mental Capacity Act (Northern Ireland) 2016 Sch. 10 para. 11(3)(c)(ii)
s. 1applied by 2002 c. 6 (N.I.), s. 8(2E) (as inserted)Mental Capacity Act (Northern Ireland) 2016 s. 282(2)
s. 5applied by 2002 c. 6 (N.I.), s. 8(2E) (as inserted)Mental Capacity Act (Northern Ireland) 2016 s. 282(2)
s. 178(6)applied (with modifications) by 1978 c. 23, Sch. 1 para. 4(3A)(c) (as substituted)Mental Capacity Act (Northern Ireland) 2016 Sch. 10 para. 2(3)(c)
s. 285(1)(e)words substitutedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 77(a)
s. 285(2)(a)-(c)substituted for s. 285(2)(a)(b)Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 77(b)
s. 177(2)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 14
s. 183(3)words substituted (temp.)Coronavirus Act 2020 Sch. 11 para. 16(a)
s. 183(3)words substituted (temp.)Coronavirus Act 2020 Sch. 11 para. 16(b)
s. 204modified (temp.)Coronavirus Act 2020 Sch. 11 para. 14
s. 206modified (temp.)Coronavirus Act 2020 Sch. 11 para. 14
s. 211(1)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 17
s. 214(1)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 17
s. 217(1)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 17
s. 220(1)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 17
s. 224(2)(b)words substituted (temp.)Coronavirus Act 2020 Sch. 11 para. 18
s. 146(1)words substituted (temp.)Coronavirus Act 2020 Sch. 11 para. 11
s. 162(1)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 13
s. 162(5)words omitted (temp.)Coronavirus Act 2020 Sch. 11 para. 12
s. 167(2)modified (temp.)Coronavirus Act 2020 Sch. 11 para. 14
s. 174modified (temp.)Coronavirus Act 2020 Sch. 11 para. 15

An Act to make new provision relating to persons who lack capacity; to make provision about the powers of criminal courts in respect of persons with disorder; to disapply Part 2 of the Mental Health (Northern Ireland) Order 1986 in relation to persons aged 16 or over and make other amendments of that Order; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.

[9th May 2016]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Contents

  1. Part 1: PRINCIPLES
  2. Principles
  3. 1Principles: capacity
  4. 2Principle: best interests
  5. Establishing whether a person has capacity
  6. 3Meaning of “lacks capacity”
  7. 4Meaning of “unable to make a decision”
  8. 5Supporting person to make decision
  9. 6Compliance with section 1(2)
  10. Establishing what is in a person's best interests
  11. 7Best interests
  12. 8Compliance with section 2
  13. Part 2: LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
  14. Chapter 1: PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS
  15. 9Protection from liability for acts in best interests of person lacking capacity
  16. 10General limitations on section 9
  17. 11Advance decisions: effect on section 9 Not yet in force
  18. 12Acts of restraint: condition that must be met Not yet in force
  19. Chapter 2: ADDITIONAL SAFEGUARDS FOR SERIOUS INTERVENTIONS
  20. Formal capacity assessments etc
  21. 13Formal assessment of capacity
  22. 14Section 13: formal capacity assessments and statements of incapacity
  23. Nominated persons
  24. 15Nominated person: need to have in place and consult
  25. Chapter 3: ADDITIONAL SAFEGUARD: SECOND OPINION Not yet in force
  26. 16Second opinion needed for certain treatment Not yet in force
  27. 17Second opinion needed for continuation of medication Not yet in force
  28. 18Second opinion: relevant certificates Not yet in force
  29. Chapter 4: ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
  30. Treatment with serious consequences Not yet in force
  31. 19Treatment with serious consequences: objection from nominated person Not yet in force
  32. 20Treatment with serious consequences: resistance by P etc Not yet in force
  33. 21Meaning of “treatment with serious consequences” Not yet in force
  34. 22Sections 19 and 20: the prevention of serious harm condition Not yet in force
  35. 23Meaning of “subject to an additional measure” Not yet in force
  36. Deprivation of liberty
  37. 24Deprivation of liberty
  38. 25Section 24: definitions
  39. 26Taking person to a place for deprivation of liberty
  40. 27Permission for absence
  41. Requirements to attend for treatment with serious consequences Not yet in force
  42. 28Requirements to attend for certain treatment Not yet in force
  43. 29Duty to revoke requirement where criteria no longer met Not yet in force
  44. Community residence requirements Not yet in force
  45. 30Community residence requirements: authorisation etc Not yet in force
  46. 31Meaning of “community residence requirement” Not yet in force
  47. 32Duty to revoke community residence requirement where criteria no longer met Not yet in force
  48. 33Duties in relation to people subject to community residence requirements Not yet in force
  49. 34Community residence requirements: further provision Not yet in force
  50. Chapter 5: ADDITIONAL SAFEGUARD: INDEPENDENT MENTAL CAPACITY ADVOCATE Not yet in force
  51. 35Independent mental capacity advocate: need to have in place and consult Not yet in force
  52. 36Section 35: relevant acts Not yet in force
  53. Chapter 6: EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS
  54. Extensions of period of authorisation
  55. 37First extension of period of authorisation
  56. 38Subsequent extensions
  57. 39Sections 37 and 38: extension reports
  58. 40Extension of period where responsible person not of the requisite opinion
  59. Supplementary provisions about extension
  60. 41Meaning of “measure”, “authorised measure” and “the criteria for continuation”
  61. 42Meaning of “the responsible person”
  62. 43Extension reports: further provision
  63. 44Effect of extension on authorisation where authorised measure unused etc
  64. Chapter 7: RIGHTS OF REVIEW OF AUTHORISATION
  65. Applications to the Tribunal
  66. 45Right to apply to Tribunal
  67. 46Applications: visiting and examination
  68. References to the Tribunal
  69. 47Power of certain persons to refer case to Tribunal
  70. 48Duty of HSC trust to refer case to Tribunal
  71. 49References etc to Tribunal: persons formerly detained under the Mental Health Order Not yet in force
  72. 50Duty of HSC trust to notify the Attorney General
  73. Powers of the Tribunal
  74. 51Powers of Tribunal in relation to authorisation under Schedule 1
  75. 52Powers of Tribunal in relation to authorisation under Schedule 2
  76. 53Sections 51 and 52: additional powers of Tribunal
  77. Chapter 8: SUPPLEMENTARY
  78. Medical reports: involvement of nominated person and independent mental capacity advocate
  79. 54Medical reports: involvement of nominated person
  80. 55Medical reports: involvement of independent mental capacty advocate Not yet in force
  81. 56Sections 54 and 55: meaning of “emergency”
  82. Provision of information
  83. 57Provision of information
  84. 58Ways in which information must be provided
  85. Other supplementary provision
  86. 59Failure by person other than D to take certain steps
  87. 60Part 2 not applicable where other authority for act
  88. 61Power to make further provision
  89. Disregard of certain detention
  90. 62Disregard of certain detention
  91. Chapter 9: DEFINITIONS FOR PURPOSES OF PART 2
  92. Meaning of “serious intervention”
  93. 63“Serious intervention”
  94. 64Acts that are “part of” serious interventions
  95. Meaning of “emergency”
  96. 65Meaning of “emergency” in relation to safeguard provisions
  97. 66Section 65: definitions etc
  98. 67Failure by persons other than D to take steps to ensure safeguard met
  99. Other definitions for purposes of Part 2
  100. 68Interpretation of Part 2: general
  101. Part 3: NOMINATED PERSON
  102. Nominated person
  103. 69Nominated person
  104. Appointment by person of his or her nominated person
  105. 70Appointment of nominated person
  106. 71Revocation of appointment
  107. 72Resignation
  108. Default nominated person
  109. 73Default nominated person
  110. 74Section 73: the list
  111. 75Section 73: persons to be disregarded
  112. 76Section 73: meaning of “carer”
  113. Declarations etc
  114. 77Declaration that particular person not to be nominated person
  115. 78Notice declining to be a person's nominated person
  116. Formalities
  117. 79Formalities for documents under Part 3
  118. Powers of the Tribunal
  119. 80Application to Tribunal for appointment of nominated person
  120. 81Tribunal's power to appoint nominated person
  121. 82Tribunal's power to disqualify person from being default nominated person
  122. 83Revocation of Tribunal's appointment where P regains capacity
  123. Duties in relation to nominated person
  124. 84Duties in relation to nominated person: supplementary
  125. 85Determining who is nominated person
  126. Part 4: INDEPENDENT MENTAL CAPACITY ADVOCATES Not yet in force
  127. Independent mental capacity advocates Not yet in force
  128. 86Independent mental capacity advocates Not yet in force
  129. 87Functions of independent mental capacity advocates: provision of support, etc Not yet in force
  130. Procedure for ensuring that an independent mental capacity advocate is instructed Not yet in force
  131. 88Request for independent mental capacity advocate to be instructed Not yet in force
  132. 89Steps to be taken before independent mental capacity advocate may be requested Not yet in force
  133. 90Right to declare that no independent mental capacity advocate to be instructed Not yet in force
  134. 91Instruction of independent mental capacity advocate Not yet in force
  135. 92Powers of independent mental capacity advocates Not yet in force
  136. Procedure after instruction of independent mental capacity advocate Not yet in force
  137. 93Right of person to discontinue involvement of independent mental capacity advocate Not yet in force
  138. 94Continuing duty of trust in relation to independent mental capacity advocate Not yet in force
  139. Formalities Not yet in force
  140. 95Formalities for declarations under Part 4 Not yet in force
  141. Power to adjust role of independent mental capacity advocates Not yet in force
  142. 96Power to adjust role of independent mental capacity advocates Not yet in force
  143. Part 5: LASTING POWERS OF ATTORNEY Not yet in force
  144. Creation of lasting power of attorney Not yet in force
  145. 97Lasting powers of attorney Not yet in force
  146. Scope of lasting power of attorney Not yet in force
  147. 98Restrictions on scope of lasting power of attorney Not yet in force
  148. 99Relationship between advance decisions and lasting powers of attorney Not yet in force
  149. 100Scope of lasting powers of attorney: gifts Not yet in force
  150. Appointment of attorneys and replacements Not yet in force
  151. 101Appointment of attorneys: requirements as respects attorneys Not yet in force
  152. 102Appointment of two or more attorneys Not yet in force
  153. 103Appointment of replacement attorneys Not yet in force
  154. 104Appointment of two or more replacements for a single initial appointee Not yet in force
  155. 105Replacement attorneys: position where two or more initial appointees Not yet in force
  156. 106Revocation of lasting power etc by donor or on donor's bankruptcy Not yet in force
  157. 107Revocation etc: events relating to the attorney Not yet in force
  158. Protection of attorney and others Not yet in force
  159. 108Protection of attorney and others if no power created or power revoked Not yet in force
  160. 109Reliance on authority of attorney in relation to treatment etc Not yet in force
  161. Powers of the court Not yet in force
  162. 110Powers of court as to lasting powers of attorney Not yet in force
  163. 111Powers of court as to operation of lasting powers of attorney Not yet in force
  164. Part 6: HIGH COURT POWERS: DECISIONS AND DEPUTIES Not yet in force
  165. Declarations Not yet in force
  166. 112The court's power to make declarations Not yet in force
  167. Decisions and deputies Not yet in force
  168. 113The court's powers to make decisions and appoint deputies: general Not yet in force
  169. 114Section 113 powers: care, treatment and personal welfare Not yet in force
  170. 115Section 113 powers: property and affairs Not yet in force
  171. 116Appointment of deputies Not yet in force
  172. 117Restrictions on deputies Not yet in force
  173. 118Reliance on authority of deputy in relation to treatment etc Not yet in force
  174. Ancillary powers of the court Not yet in force
  175. 119Interim orders and directions Not yet in force
  176. 120Power to call for reports
  177. 121Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)
  178. Practice and procedure Not yet in force
  179. 122Applications to the court Not yet in force
  180. 123Duty to notify Attorney General Not yet in force
  181. 124Rules of court Not yet in force
  182. Part 7: PUBLIC GUARDIAN AND COURT VISITORS Not yet in force
  183. Public Guardian Not yet in force
  184. 125The Public Guardian Not yet in force
  185. 126Functions of the Public Guardian Not yet in force
  186. 127Further powers of the Public Guardian
  187. 128Duty to notify the Public Guardian
  188. 129Notifications under section 128: procedure and effect Not yet in force
  189. Court Visitors Not yet in force
  190. 130Court Visitors Not yet in force
  191. 131Powers of Court Visitors
  192. Part 8: RESEARCH
  193. Approved research projects
  194. 132Research
  195. 133Section 132: exception for clinical trials
  196. 134Approval of research projects
  197. 135Requirement to consult nominated person, carer etc
  198. 136Section 135: exception for urgent treatment
  199. 137Additional safeguards
  200. Transitional cases
  201. 138Loss of capacity during research project: transitional cases
  202. Part 9: POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY Not yet in force
  203. Power of police to remove person from public place to place of safety Not yet in force
  204. 139Power of police to remove person from public place to place of safety Not yet in force
  205. 140Information to be given on removal Not yet in force
  206. 141Search of person on exercise of power to remove Not yet in force
  207. Powers of police to detain person removed from public place Not yet in force
  208. 142Power of police to detain in hospital a person removed from a public place Not yet in force
  209. 143Power to detain in police station a person removed from a public place Not yet in force
  210. 144Sections 142 and 143: the detention conditions Not yet in force
  211. 145Transfer from one place of safety to another Not yet in force
  212. 146Maximum period of detention under Part 9 Not yet in force
  213. Duties and powers of police where person removed to place of safety Not yet in force
  214. 147Duty to inform certain persons where power of removal or transfer used Not yet in force
  215. 148Section 147: meaning of “the required information” etc Not yet in force
  216. 149Record of detention to be kept Not yet in force
  217. 150Responsibilities of the appropriate officer Not yet in force
  218. 151Review of detention Not yet in force
  219. 152Access to legal advice Not yet in force
  220. 153Searches of person following removal to place of safety Not yet in force
  221. 154Searches and examination to ascertain identity Not yet in force
  222. 155Intimate searches Not yet in force
  223. 156Annual records Not yet in force
  224. Supplementary Not yet in force
  225. 157Principles applying for purposes of Part 9 Not yet in force
  226. 158Reasonable belief etc Not yet in force
  227. 159Power of constable to use reasonable force Not yet in force
  228. 160Definitions for purposes of Part 9 Not yet in force
  229. 161Relationship of Part 9 to other provisions Not yet in force
  230. Part 10: CRIMINAL JUSTICE Not yet in force
  231. Chapter 1: REMAND TO HOSPITAL Not yet in force
  232. 162Remand to hospital Not yet in force
  233. 163Section 162: meaning of “an accused person” Not yet in force
  234. 164Section 162: the medical report condition Not yet in force
  235. 165Section 162: the treatment condition Not yet in force
  236. 166Effect of remand to hospital Not yet in force
  237. Chapter 2: POWERS OF COURT ON CONVICTION Not yet in force
  238. Public protection orders with and without restrictions Not yet in force
  239. 167Public protection orders with and without restrictions Not yet in force
  240. 168Section 167: the detention conditions Not yet in force
  241. 169Section 167: the restriction condition Not yet in force
  242. 170Further provision about making of public protection orders Not yet in force
  243. 171Effect of public protection orders Not yet in force
  244. 172Power to direct the ending of restrictions under a public protection order Not yet in force
  245. 173Effect of ending of restrictions under a public protection order Not yet in force
  246. Hospital directions Not yet in force
  247. 174Hospital direction when passing custodial sentence Not yet in force
  248. 175Conditions for giving hospital direction Not yet in force
  249. 176Effect of hospital directions Not yet in force
  250. Interim detention orders Not yet in force
  251. 177Interim detention orders Not yet in force
  252. 178Effect of interim detention orders Not yet in force
  253. Chapter 3: DETENTION UNDER A PUBLIC PROTECTION ORDER WITHOUT RESTRICTIONS Not yet in force
  254. Detention and discharge Not yet in force
  255. 179Detention under a public protection order without restrictions Not yet in force
  256. 180Discharge from detention by responsible medical practitioner Not yet in force
  257. Extension of the period of an order Not yet in force
  258. 181First extension of period of order Not yet in force
  259. 182Subsequent extensions Not yet in force
  260. 183Sections 181 and 182: extension reports Not yet in force
  261. 184Extension of period where responsible person not of the requisite opinion Not yet in force
  262. 185The criteria for continuation Not yet in force
  263. 186Extension reports: further provision Not yet in force
  264. Permission for absence and transfers Not yet in force
  265. 187Permission for absence Not yet in force
  266. 188Transfers between hospitals etc Not yet in force
  267. Effect of custodial sentence Not yet in force
  268. 189Effect of custodial sentence Not yet in force
  269. Chapter 4: DETENTION UNDER A PUBLIC PROTECTION ORDER WITH RESTRICTIONS Not yet in force
  270. 190Detention under a public protection order with restrictions Not yet in force
  271. 191Discharge from detention by Department of Justice Not yet in force
  272. 192Power to recall person who has been conditionally discharged Not yet in force
  273. 193Reports by responsible medical practitioner Not yet in force
  274. 194Direction for person to attend for purposes of justice etc Not yet in force
  275. 195Permission for absence Not yet in force
  276. 196Transfers between hospitals etc Not yet in force
  277. Chapter 5: DETENTION UNDER A HOSPITAL DIRECTION Not yet in force
  278. 197Detention under a hospital direction Not yet in force
  279. 198Termination of hospital directions Not yet in force
  280. 199Section 198: meaning of “release date” Not yet in force
  281. 200Duties and powers to release from detention Not yet in force
  282. 201Reports by responsible medical practitioner Not yet in force
  283. 202Permission for absence etc Not yet in force
  284. 203Transfers between hospitals Not yet in force
  285. Chapter 6: UNFITNESS TO BE TRIED ETC Not yet in force
  286. Procedure during trial on indictment Not yet in force
  287. 204Procedure where question of fitness to be tried arises Not yet in force
  288. 205Finding that the accused did the act or made the omission charged Not yet in force
  289. 206Procedure in relation to finding of insanity Not yet in force
  290. 207Powers to deal with person unfit to be tried or not guilty by reason of insanity Not yet in force
  291. 208Remission for trial where person no longer unfit to be tried Not yet in force
  292. Procedure of court of summary jurisdiction Not yet in force
  293. 209Power to make order where the accused did the act or made the omission charged Not yet in force
  294. Restraining orders Not yet in force
  295. 210Power to make restraining order following finding of unfitness to plead etc Not yet in force
  296. Chapter 7: TRANSFER FROM PRISON ETC TO HOSPITAL Not yet in force
  297. Persons serving custodial sentences etc Not yet in force
  298. 211Power to transfer person serving custodial sentence etc to hospital Not yet in force
  299. 212Conditions for transfer under section 211 Not yet in force
  300. 213Effect of transfer under section 211 Not yet in force
  301. Civil prisoners and immigration detainees Not yet in force
  302. 214Transfer of civil prisoner or immigration detainee to hospital Not yet in force
  303. 215Detention in hospital on removal under section 214 Not yet in force
  304. 216Termination of direction under section 214 Not yet in force
  305. Persons remanded in custody by magistrates' court Not yet in force
  306. 217Transfer to hospital of person remanded by magistrates' court Not yet in force
  307. 218Detention in hospital on removal under section 217 Not yet in force
  308. 219Termination of direction under section 217 etc Not yet in force
  309. Other detainees Not yet in force
  310. 220Transfer of certain other detainees to hospital Not yet in force
  311. 221Detention in hospital on removal under section 220 Not yet in force
  312. 222Termination of direction under section 220 Not yet in force
  313. Conditions for transfer to hospital under section 214, 217 or 220 Not yet in force
  314. 223Conditions for transfer to hospital under section 214, 217 or 220 Not yet in force
  315. General provisions about hospital transfer directions Not yet in force
  316. 224General provisions about hospital transfer directions Not yet in force
  317. Chapter 8: RIGHTS OF REVIEW OF DETENTION UNDER PART 10 Not yet in force
  318. Applications and references to Tribunal: general Not yet in force
  319. 225Right to apply to Tribunal Not yet in force
  320. 226Meaning of “a qualifying person” Not yet in force
  321. 227Applications: visiting and examination Not yet in force
  322. 228Power of certain persons to refer case to Tribunal Not yet in force
  323. 229Duty of HSC trust to refer case to Tribunal Not yet in force
  324. 230Duty to notify the Attorney General Not yet in force
  325. Powers of Tribunal as to public protection orders Not yet in force
  326. 231Powers of Tribunal as to public protection order without restrictions Not yet in force
  327. 232Powers of Tribunal as to public protection order with restrictions Not yet in force
  328. 233Sections 231 and 232: the prevention of serious harm condition Not yet in force
  329. 234Sections 231 and 232: additional powers of Tribunal etc Not yet in force
  330. Effect of conditional discharge from public protection order with restrictions Not yet in force
  331. 235Effect of conditional discharge Not yet in force
  332. 236Applications and references to Tribunal where person recalled Not yet in force
  333. 237Applications to Tribunal where person has not been recalled Not yet in force
  334. Powers of Tribunal as to hospital directions and hospital transfer directions Not yet in force
  335. 238Powers of Tribunal as to hospital directions and hospital transfer directions Not yet in force
  336. 239Section 238: additional powers of Tribunal Not yet in force
  337. 240Section 238: procedure where prevention of serious harm condition is not met Not yet in force
  338. Chapter 9: SUPPLEMENTARY Not yet in force
  339. Provision of information Not yet in force
  340. 241Provision of information Not yet in force
  341. 242Ways in which information must be provided Not yet in force
  342. Detention under Part 10: further provision Not yet in force
  343. 243Section 20 may apply to person detained under Part 10 Not yet in force
  344. 244Absence without permission Not yet in force
  345. 245Effect of court order or direction on previous authority for hospital detention Not yet in force
  346. Appeals Not yet in force
  347. 246Appeals: general Not yet in force
  348. 247Appeals against orders made on finding of unfitness to be tried etc Not yet in force
  349. 248Hospital directions: cases stated by magistrates' courts Not yet in force
  350. Other supplementary provision Not yet in force
  351. 249Requirements as to written evidence Not yet in force
  352. 250Interpretation of Part 10: children Not yet in force
  353. 251Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain Not yet in force
  354. 252Interpretation of Part 10: references to disorder Not yet in force
  355. 253Interpretation of Part 10: general Not yet in force
  356. Part 11: TRANSFER BETWEEN JURISDICTIONS Not yet in force
  357. Chapter 1: REMOVAL OF PERSONS FROM NORTHERN IRELAND Not yet in force
  358. Removal to other parts of UK of persons detained under Part 2 Not yet in force
  359. 254Removal of persons detained under Part 2 to England or Wales Not yet in force
  360. 255Removal of persons detained under Part 2 to Scotland Not yet in force
  361. Removal to other parts of UK of persons detained under Part 10 Not yet in force
  362. 256Removal of certain persons detained under Part 10 to England or Wales Not yet in force
  363. 257Removal of certain persons detained under Part 10 to Scotland Not yet in force
  364. Chapter 2: PERSONS REMOVED FROM ENGLAND, WALES OR SCOTLAND TO NORTHERN IRELAND Not yet in force
  365. Persons to be detained under Part 2 Not yet in force
  366. 258Persons to be detained under Part 2 after removal from England or Wales Not yet in force
  367. 259Persons to be detained under Part 2 after removal from Scotland Not yet in force
  368. Persons to be detained under Part 10 Not yet in force
  369. 260Persons to be detained under Part 10 after removal from England or Wales Not yet in force
  370. 261Persons to be detained under Part 10 after removal from Scotland Not yet in force
  371. Chapter 3: SUPPLEMENTARY Not yet in force
  372. 262Removal or transfer from Northern Ireland: power to make further provision Not yet in force
  373. 263Persons removed or transferred to Northern Ireland: power to make further provision Not yet in force
  374. 264Interpretation of Part 11 Not yet in force
  375. Part 12: CHILDREN
  376. 265In-patients under 18: duties of hospital managers Not yet in force
  377. 266Amendments of Mental Health Order: children etc
  378. Part 13: OFFENCES
  379. 267Ill-treatment or neglect
  380. 268Forgery, false statements etc
  381. 269Unlawful detention of persons lacking capacity etc
  382. 270Assisting persons to absent themselves without permission
  383. 271Assisting breach of community residence requirement Not yet in force
  384. 272Obstruction
  385. 273Offences by bodies corporate
  386. Part 14: MISCELLANEOUS
  387. The Review Tribunal
  388. 274Renaming of Mental Health Review Tribunal
  389. 275Visiting etc powers of medical practitioners in connection with the Tribunal
  390. Expenditure etc
  391. 276Power to make regulations about dealing with money and valuables
  392. 277Contravention of regulations under section 276(2) Not yet in force
  393. 278Expenditure Not yet in force
  394. 279Payment for necessary goods and services Not yet in force
  395. Miscellaneous functions of HSC trusts
  396. 280Appointment of approved social workers
  397. 281Miscellaneous functions of HSC trusts
  398. Direct payments in place of provision of care services Not yet in force
  399. 282Direct payments in place of provision of care services Not yet in force
  400. International protection of adults Not yet in force
  401. 283International protection of adults Not yet in force
  402. Advance decisions to refuse treatment
  403. 284Review of law relating to advance decisions
  404. Matters excluded from Act Not yet in force
  405. 285Family relationships etc Not yet in force
  406. 286Voting rights Not yet in force
  407. Declaratory provision Not yet in force
  408. 287Relationship of Act with law relating to murder etc Not yet in force
  409. Part 15: SUPPLEMENTARY
  410. Codes of practice
  411. 288Codes of practice
  412. 289Effect of code
  413. Provision of information and facilities
  414. 290Provision of information by HSC trusts and the Department
  415. 291Provision of facilities by HSC trusts and the Department
  416. Warrants
  417. 292Warrants
  418. 293Warrants: persons liable to be detained under 1983 Act or 2005 Order Not yet in force
  419. Custody, detention etc Not yet in force
  420. 294Provisions as to custody, detention etc Not yet in force
  421. 295Retaking of persons escaping from legal custody Not yet in force
  422. Special accommodation
  423. 296Special accommodation
  424. Panels
  425. 297Panels constituted to decide applications: general provision
  426. Protection from proceedings Not yet in force
  427. 298Protection for acts done in pursuance of Part 9 or 10
  428. Other supplementary provision
  429. 299Risk of serious physical harm to others
  430. 300Medical practitioners who may make certain medical reports
  431. 301Documents appearing to be duly made
  432. 302Regulations
  433. 303Consequential amendments and repeals
  434. Definitions
  435. 304Persons “unconnected with” a person
  436. 305Meaning of “mental disorder”
  437. 306Definitions for purposes of Act
  438. Final provisions
  439. 307Commencement etc
  440. 308Short title
  441. Schedule 1: Authorisation by panel of certain serious interventions
  442. Part 1: Preliminary
  443. 1Paragraph 1
  444. Part 2: Applications for authorisation
  445. Applications for authorisation
  446. 2Paragraph 2
  447. Applications: supplementary
  448. 3Paragraph 3
  449. Paragraph 2: meaning of “relevant treatment” Not yet in force
  450. 4Paragraph 4 Not yet in force
  451. Who may make application
  452. 5Paragraph 5
  453. Contents of application
  454. 6Paragraph 6
  455. Medical report
  456. 7Paragraph 7
  457. Care plan
  458. 8Paragraph 8
  459. Part 3: The criteria for authorisation
  460. Criteria for treatment Not yet in force
  461. 9Paragraph 9 Not yet in force
  462. Criteria for detention amounting to deprivation of liberty
  463. 10Paragraph 10
  464. Criteria for requirement to attend for treatment Not yet in force
  465. 11Paragraph 11 Not yet in force
  466. Criteria for community residence requirement Not yet in force
  467. 12Paragraph 12 Not yet in force
  468. Measures proposed to be carried out only if particular circumstances arise
  469. 13Paragraph 13
  470. Part 4: Decision on application
  471. Panel to consider application
  472. 14Paragraph 14
  473. Decision on application
  474. 15Paragraph 15
  475. Specifying detention amounting to deprivation of liberty
  476. 16Paragraph 16
  477. Specifying requirement to attend for treatment Not yet in force
  478. 17Paragraph 17 Not yet in force
  479. Specifying community residence requirement Not yet in force
  480. 18Paragraph 18 Not yet in force
  481. Time limit for panel's decision, and duty to notify decision
  482. 19Paragraph 19
  483. Interim authorisations
  484. 20Paragraph 20
  485. Part 5: Matters covered by authorisation etc
  486. Treatment: what is covered by authorisation Not yet in force
  487. 21Paragraph 21 Not yet in force
  488. Detention: what is covered by authorisation
  489. 22Paragraph 22
  490. Effect of discharge from detention
  491. 23Paragraph 23
  492. Power to vary or revoke requirements etc imposed under authorisation
  493. 24Paragraph 24
  494. Effect of authorisation on previous authorisations
  495. 25Paragraph 25
  496. 26Paragraph 26
  497. Relationship with other conditions
  498. 27Paragraph 27
  499. Schedule 2: Authorisation of short-term detention in hospital for examination etc
  500. Part 1: Preliminary
  501. 1Paragraph 1
  502. Part 2: The authorisation
  503. Authorisation of detention in hospital for examination etc
  504. 2Paragraph 2
  505. Who may make a report under paragraph 2
  506. 3Paragraph 3
  507. Medical report
  508. 4Paragraph 4
  509. Consultation required before report authorising detention is made
  510. 5Paragraph 5
  511. 6Paragraph 6
  512. Information to be given where report authorising detention is made
  513. 7Paragraph 7
  514. Duration of authorisation: preliminary
  515. 8Paragraph 8
  516. Part 3: Events terminating the authorisation
  517. Expiry where failure to admit P within period required
  518. 9Paragraph 9
  519. Expiry where failure to give P certain information
  520. 10Paragraph 10
  521. Expiry where failure to examine and report on P on admission
  522. 11Paragraph 11
  523. The condition for detention
  524. 12Paragraph 12
  525. Expiry where no examination and report by suitable medical practitioner within required time
  526. 13Paragraph 13
  527. Expiry where no further examination and report on P within 14 days
  528. 14Paragraph 14
  529. Expiry 14 days after date of further report
  530. 15Paragraph 15
  531. Discharge
  532. 16Paragraph 16
  533. Unreasonable delay in taking certain steps
  534. 17Paragraph 17
  535. Part 4: Supplementary provisions
  536. Detention covered by authorisation
  537. 18Paragraph 18
  538. Relationship with other conditions
  539. 19Paragraph 19
  540. Rectification of reports: correction of administrative errors
  541. 20Paragraph 20
  542. Rectification of reports: substitution of medical reports
  543. 21Paragraph 21
  544. 22Paragraph 22
  545. Schedule 3: Extension by panel of period of authorisation
  546. Preliminary
  547. 1Paragraph 1
  548. Applications for extension
  549. 2Paragraph 2
  550. Who may make application
  551. 3Paragraph 3
  552. Contents of application
  553. 4Paragraph 4
  554. Medical report
  555. 5Paragraph 5
  556. Care plan
  557. 6Paragraph 6
  558. Panel to consider application
  559. 7Paragraph 7
  560. Decision on application
  561. 8Paragraph 8
  562. Time limit for panel's decision, and duty to notify decision
  563. 9Paragraph 9
  564. Schedule 4: Lasting powers of attorney: formalities Not yet in force
  565. Part 1: Making instruments Not yet in force
  566. General requirements as to making instruments Not yet in force
  567. 1Paragraph 1 Not yet in force
  568. Requirements as to content of instruments Not yet in force
  569. 2Paragraph 2 Not yet in force
  570. Failure to comply with required form Not yet in force
  571. 3Paragraph 3 Not yet in force
  572. Part 2: Registration Not yet in force
  573. Applications and procedure for registration Not yet in force
  574. 4Paragraph 4 Not yet in force
  575. 5Paragraph 5 Not yet in force
  576. Notification requirements Not yet in force
  577. 6Paragraph 6 Not yet in force
  578. 7Paragraph 7 Not yet in force
  579. 8Paragraph 8 Not yet in force
  580. Power to dispense with notification requirements Not yet in force
  581. 9Paragraph 9 Not yet in force
  582. Instrument not properly made Not yet in force
  583. 10Paragraph 10 Not yet in force
  584. Instrument containing ineffective provision Not yet in force
  585. 11Paragraph 11 Not yet in force
  586. Deputy already appointed Not yet in force
  587. 12Paragraph 12 Not yet in force
  588. Objection by attorney, replacement attorney or named person Not yet in force
  589. 13Paragraph 13 Not yet in force
  590. Objection by donor Not yet in force
  591. 14Paragraph 14 Not yet in force
  592. Notification of registration Not yet in force
  593. 15Paragraph 15 Not yet in force
  594. Evidence of registration Not yet in force
  595. 16Paragraph 16 Not yet in force
  596. Part 3: Cancellation of registration and notification of severance Not yet in force
  597. Cancellation of registration by Public Guardian following revocation Not yet in force
  598. 17Paragraph 17 Not yet in force
  599. Court to require Public Guardian to cancel registration in certain cases Not yet in force
  600. 18Paragraph 18 Not yet in force
  601. Notification by court of ineffective provision etc in instrument Not yet in force
  602. 19Paragraph 19 Not yet in force
  603. Notification on cancellation Not yet in force
  604. 20Paragraph 20 Not yet in force
  605. Delivery up of instrument on cancellation Not yet in force
  606. 21Paragraph 21 Not yet in force
  607. Part 4: Records of alterations in registered powers Not yet in force
  608. Partial revocation or suspension of power as a result of bankruptcy Not yet in force
  609. 22Paragraph 22 Not yet in force
  610. Termination of appointment of attorney which does not revoke power Not yet in force
  611. 23Paragraph 23 Not yet in force
  612. Replacement of attorney Not yet in force
  613. 24Paragraph 24 Not yet in force
  614. Severance of ineffective provisions Not yet in force
  615. 25Paragraph 25 Not yet in force
  616. Notification of alterations Not yet in force
  617. 26Paragraph 26 Not yet in force
  618. Schedule 5: Property and affairs: supplementary provisions Not yet in force
  619. Wills: introductory Not yet in force
  620. 1Paragraph 1 Not yet in force
  621. Provision that may be made in will Not yet in force
  622. 2Paragraph 2 Not yet in force
  623. Wills: requirements relating to execution Not yet in force
  624. 3Paragraph 3 Not yet in force
  625. Wills: effect of execution Not yet in force
  626. 4Paragraph 4 Not yet in force
  627. Vesting orders ancillary to settlement etc Not yet in force
  628. 5Paragraph 5 Not yet in force
  629. Variation of settlements Not yet in force
  630. 6Paragraph 6 Not yet in force
  631. Transfer of stock to appointee outside Northern Ireland Not yet in force
  632. 7Paragraph 7 Not yet in force
  633. Preservation of interests in property disposed of on behalf of person lacking capacity Not yet in force
  634. 8Paragraph 8 Not yet in force
  635. 9Paragraph 9 Not yet in force
  636. Schedule 6: Extension by panel of public protection order without restrictions Not yet in force
  637. Preliminary Not yet in force
  638. 1Paragraph 1 Not yet in force
  639. Applications for extension of public protection order without restrictions Not yet in force
  640. 2Paragraph 2 Not yet in force
  641. Who may make application Not yet in force
  642. 3Paragraph 3 Not yet in force
  643. Contents of application Not yet in force
  644. 4Paragraph 4 Not yet in force
  645. Medical report Not yet in force
  646. 5Paragraph 5 Not yet in force
  647. Care plan Not yet in force
  648. 6Paragraph 6 Not yet in force
  649. Panel to consider application Not yet in force
  650. 7Paragraph 7 Not yet in force
  651. Decision on application Not yet in force
  652. 8Paragraph 8 Not yet in force
  653. Time limit for panel's decision, and duty to notify decision Not yet in force
  654. 9Paragraph 9 Not yet in force
  655. Schedule 7: Supervision and assessment orders Not yet in force
  656. Part 1: Introductory Not yet in force
  657. Introductory Not yet in force
  658. 1Paragraph 1 Not yet in force
  659. Part 2: Making and contents of order Not yet in force
  660. Conditions which must be satisfied before order can be made Not yet in force
  661. 2Paragraph 2 Not yet in force
  662. Supervision element Not yet in force
  663. 3Paragraph 3 Not yet in force
  664. Assessment element Not yet in force
  665. 4Paragraph 4 Not yet in force
  666. Residence element Not yet in force
  667. 5Paragraph 5 Not yet in force
  668. Procedural requirements relating to the making of the order Not yet in force
  669. 6Paragraph 6 Not yet in force
  670. Part 3: Effect of order Not yet in force
  671. 7Paragraph 7 Not yet in force
  672. Part 4: Amendment or revocation of order Not yet in force
  673. Amendment of order: general Not yet in force
  674. 8Paragraph 8 Not yet in force
  675. Amendment of order: change of area of residence Not yet in force
  676. 9Paragraph 9 Not yet in force
  677. Medical reports Not yet in force
  678. 10Paragraph 10 Not yet in force
  679. Revocation of order Not yet in force
  680. 11Paragraph 11 Not yet in force
  681. Procedural requirements on amendment or revocation of order Not yet in force
  682. 12Paragraph 12 Not yet in force
  683. Part 5: Breach of order Not yet in force
  684. 13Paragraph 13 Not yet in force
  685. Part 6: Supplementary Not yet in force
  686. Power to vary period for which supervision element may be made Not yet in force
  687. 14Paragraph 14 Not yet in force
  688. Transitional provision relating to the abolition of petty sessions districts Not yet in force
  689. 15Paragraph 15 Not yet in force
  690. Schedule 8: Amendments of Mental Health Order
  691. 1Paragraph 1
  692. 2Paragraph 2
  693. 3Paragraph 3
  694. 4Paragraph 4
  695. 5Paragraph 5 Not yet in force
  696. 6Paragraph 6 Not yet in force
  697. 7Paragraph 7 Not yet in force
  698. 8Paragraph 8 Not yet in force
  699. 9Paragraph 9 Not yet in force
  700. 10Paragraph 10 Not yet in force
  701. 11Paragraph 11 Not yet in force
  702. 12Paragraph 12 Not yet in force
  703. 13Paragraph 13 Not yet in force
  704. 14Paragraph 14 Not yet in force
  705. 15Paragraph 15 Not yet in force
  706. 16Paragraph 16 Not yet in force
  707. 17Paragraph 17 Not yet in force
  708. 18Paragraph 18 Not yet in force
  709. 19Paragraph 19 Not yet in force
  710. 20Paragraph 20 Not yet in force
  711. 21Paragraph 21 Not yet in force
  712. 22Paragraph 22 Not yet in force
  713. 23Paragraph 23 Not yet in force
  714. 24Paragraph 24 Not yet in force
  715. 25Paragraph 25 Not yet in force
  716. 26Paragraph 26 Not yet in force
  717. 27Paragraph 27 Not yet in force
  718. 28Paragraph 28 Not yet in force
  719. 29Paragraph 29 Not yet in force
  720. 30Paragraph 30 Not yet in force
  721. 31Paragraph 31 Not yet in force
  722. 32Paragraph 32 Not yet in force
  723. 33Paragraph 33 Not yet in force
  724. 34Paragraph 34 Not yet in force
  725. 35Paragraph 35 Not yet in force
  726. 36Paragraph 36 Not yet in force
  727. 37Paragraph 37 Not yet in force
  728. 38Paragraph 38
  729. 39Paragraph 39
  730. 40Paragraph 40 Not yet in force
  731. 41Paragraph 41 Not yet in force
  732. 42Paragraph 42 Not yet in force
  733. 43Paragraph 43 Not yet in force
  734. 44Paragraph 44 Not yet in force
  735. 45Paragraph 45 Not yet in force
  736. 46Paragraph 46 Not yet in force
  737. 47Paragraph 47
  738. 48Paragraph 48
  739. 49Paragraph 49 Not yet in force
  740. 50Paragraph 50 Not yet in force
  741. 51Paragraph 51 Not yet in force
  742. 52Paragraph 52 Not yet in force
  743. 53Paragraph 53 Not yet in force
  744. 54Paragraph 54 Not yet in force
  745. 55Paragraph 55 Not yet in force
  746. 56Paragraph 56 Not yet in force
  747. 57Paragraph 57 Not yet in force
  748. 58Paragraph 58 Not yet in force
  749. 59Paragraph 59 Not yet in force
  750. 60Paragraph 60 Not yet in force
  751. 61Paragraph 61 Not yet in force
  752. 62Paragraph 62 Not yet in force
  753. 63Paragraph 63 Not yet in force
  754. 64Paragraph 64 Not yet in force
  755. 65Paragraph 65 Not yet in force
  756. 66Paragraph 66 Not yet in force
  757. 67Paragraph 67 Not yet in force
  758. 68Paragraph 68 Not yet in force
  759. 69Paragraph 69 Not yet in force
  760. 70Paragraph 70 Not yet in force
  761. 71Paragraph 71
  762. Schedule 9: International protection of adults Not yet in force
  763. Part 1: Preliminary Not yet in force
  764. Introduction Not yet in force
  765. 1Paragraph 1 Not yet in force
  766. The Convention Not yet in force
  767. 2Paragraph 2 Not yet in force
  768. Countries, territories and nationals Not yet in force
  769. 3Paragraph 3 Not yet in force
  770. Adults with incapacity Not yet in force
  771. 4Paragraph 4 Not yet in force
  772. Protective measures Not yet in force
  773. 5Paragraph 5 Not yet in force
  774. Application of this Schedule Not yet in force
  775. 6Paragraph 6 Not yet in force
  776. Central Authority Not yet in force
  777. 7Paragraph 7 Not yet in force
  778. Part 2: Jurisdiction Not yet in force
  779. Scope of jurisdiction Not yet in force
  780. 8Paragraph 8 Not yet in force
  781. 9Paragraph 9 Not yet in force
  782. Exercise of jurisdiction Not yet in force
  783. 10Paragraph 10 Not yet in force
  784. 11Paragraph 11 Not yet in force
  785. Part 3: Applicable law Not yet in force
  786. Applicable law Not yet in force
  787. 12Paragraph 12 Not yet in force
  788. 13Paragraph 13 Not yet in force
  789. Lasting powers of attorney, etc Not yet in force
  790. 14Paragraph 14 Not yet in force
  791. 15Paragraph 15 Not yet in force
  792. 16Paragraph 16 Not yet in force
  793. Protection of third parties Not yet in force
  794. 17Paragraph 17 Not yet in force
  795. Mandatory rules Not yet in force
  796. 18Paragraph 18 Not yet in force
  797. Public policy Not yet in force
  798. 19Paragraph 19 Not yet in force
  799. Part 4: Recognition and enforcement Not yet in force
  800. Recognition Not yet in force
  801. 20Paragraph 20 Not yet in force
  802. 21Paragraph 21 Not yet in force
  803. 22Paragraph 22 Not yet in force
  804. Enforcement Not yet in force
  805. 23Paragraph 23 Not yet in force
  806. Measures taken in relation to under 16s Not yet in force
  807. 24Paragraph 24 Not yet in force
  808. Supplementary Not yet in force
  809. 25Paragraph 25 Not yet in force
  810. Part 5: Co-operation Not yet in force
  811. Proposal for cross-border placement Not yet in force
  812. 26Paragraph 26 Not yet in force
  813. 27Paragraph 27 Not yet in force
  814. Adult in danger etc Not yet in force
  815. 28Paragraph 28 Not yet in force
  816. 29Paragraph 29 Not yet in force
  817. Part 6: General Not yet in force
  818. Certificate Not yet in force
  819. 30Paragraph 30 Not yet in force
  820. Powers to make further provision as to private international law Not yet in force
  821. 31Paragraph 31 Not yet in force
  822. Exceptions Not yet in force
  823. 32Paragraph 32 Not yet in force
  824. Schedule 10: Consequential amendments Not yet in force
  825. Judicature (Northern Ireland) Act 1978 (c. 23) Not yet in force
  826. 1Paragraph 1 Not yet in force
  827. 2Paragraph 2 Not yet in force
  828. Criminal Appeal (Northern Ireland) Act 1980 (c. 47) Not yet in force
  829. 3Paragraph 3 Not yet in force
  830. 4Paragraph 4 Not yet in force
  831. 5Paragraph 5 Not yet in force
  832. 6Paragraph 6 Not yet in force
  833. 7Paragraph 7 Not yet in force
  834. 8Paragraph 8 Not yet in force
  835. 9Paragraph 9 Not yet in force
  836. 10Paragraph 10 Not yet in force
  837. 11Paragraph 11 Not yet in force
  838. 12Paragraph 12 Not yet in force
  839. 13Paragraph 13 Not yet in force
  840. 14Paragraph 14 Not yet in force
  841. County Courts (Northern Ireland) Order 1980 (NI 3) Not yet in force
  842. 15Paragraph 15 Not yet in force
  843. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) Not yet in force
  844. 16Paragraph 16 Not yet in force
  845. Schedule 11Repeals