Mental Capacity Act (Northern Ireland) 2016
2016 nia 18 · Enacted 9 May 2016 · Extends to Northern Ireland
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
- Part 1: PRINCIPLES
- Principles
- 1Principles: capacity
- 2Principle: best interests
- Establishing whether a person has capacity
- 3Meaning of “lacks capacity”
- 4Meaning of “unable to make a decision”
- 5Supporting person to make decision
- 6Compliance with section 1(2)
- Establishing what is in a person's best interests
- 7Best interests
- 8Compliance with section 2
- Part 2: LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
- Chapter 1: PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS
- 9Protection from liability for acts in best interests of person lacking capacity
- 10General limitations on section 9
- 11Advance decisions: effect on section 9 Not yet in force
- 12Acts of restraint: condition that must be met Not yet in force
- Chapter 2: ADDITIONAL SAFEGUARDS FOR SERIOUS INTERVENTIONS
- Formal capacity assessments etc
- 13Formal assessment of capacity
- 14Section 13: formal capacity assessments and statements of incapacity
- Nominated persons
- 15Nominated person: need to have in place and consult
- Chapter 3: ADDITIONAL SAFEGUARD: SECOND OPINION Not yet in force
- 16Second opinion needed for certain treatment Not yet in force
- 17Second opinion needed for continuation of medication Not yet in force
- 18Second opinion: relevant certificates Not yet in force
- Chapter 4: ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
- Treatment with serious consequences Not yet in force
- 19Treatment with serious consequences: objection from nominated person Not yet in force
- 20Treatment with serious consequences: resistance by P etc Not yet in force
- 21Meaning of “treatment with serious consequences” Not yet in force
- 22Sections 19 and 20: the prevention of serious harm condition Not yet in force
- 23Meaning of “subject to an additional measure” Not yet in force
- Deprivation of liberty
- 24Deprivation of liberty
- 25Section 24: definitions
- 26Taking person to a place for deprivation of liberty
- 27Permission for absence
- Requirements to attend for treatment with serious consequences Not yet in force
- 28Requirements to attend for certain treatment Not yet in force
- 29Duty to revoke requirement where criteria no longer met Not yet in force
- Community residence requirements Not yet in force
- 30Community residence requirements: authorisation etc Not yet in force
- 31Meaning of “community residence requirement” Not yet in force
- 32Duty to revoke community residence requirement where criteria no longer met Not yet in force
- 33Duties in relation to people subject to community residence requirements Not yet in force
- 34Community residence requirements: further provision Not yet in force
- Chapter 5: ADDITIONAL SAFEGUARD: INDEPENDENT MENTAL CAPACITY ADVOCATE Not yet in force
- 35Independent mental capacity advocate: need to have in place and consult Not yet in force
- 36Section 35: relevant acts Not yet in force
- Chapter 6: EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS
- Extensions of period of authorisation
- 37First extension of period of authorisation
- 38Subsequent extensions
- 39Sections 37 and 38: extension reports
- 40Extension of period where responsible person not of the requisite opinion
- Supplementary provisions about extension
- 41Meaning of “measure”, “authorised measure” and “the criteria for continuation”
- 42Meaning of “the responsible person”
- 43Extension reports: further provision
- 44Effect of extension on authorisation where authorised measure unused etc
- Chapter 7: RIGHTS OF REVIEW OF AUTHORISATION
- Applications to the Tribunal
- 45Right to apply to Tribunal
- 46Applications: visiting and examination
- References to the Tribunal
- 47Power of certain persons to refer case to Tribunal
- 48Duty of HSC trust to refer case to Tribunal
- 49References etc to Tribunal: persons formerly detained under the Mental Health Order Not yet in force
- 50Duty of HSC trust to notify the Attorney General
- Powers of the Tribunal
- 51Powers of Tribunal in relation to authorisation under Schedule 1
- 52Powers of Tribunal in relation to authorisation under Schedule 2
- 53Sections 51 and 52: additional powers of Tribunal
- Chapter 8: SUPPLEMENTARY
- Medical reports: involvement of nominated person and independent mental capacity advocate
- 54Medical reports: involvement of nominated person
- 55Medical reports: involvement of independent mental capacty advocate Not yet in force
- 56Sections 54 and 55: meaning of “emergency”
- Provision of information
- 57Provision of information
- 58Ways in which information must be provided
- Other supplementary provision
- 59Failure by person other than D to take certain steps
- 60Part 2 not applicable where other authority for act
- 61Power to make further provision
- Disregard of certain detention
- 62Disregard of certain detention
- Chapter 9: DEFINITIONS FOR PURPOSES OF PART 2
- Meaning of “serious intervention”
- 63“Serious intervention”
- 64Acts that are “part of” serious interventions
- Meaning of “emergency”
- 65Meaning of “emergency” in relation to safeguard provisions
- 66Section 65: definitions etc
- 67Failure by persons other than D to take steps to ensure safeguard met
- Other definitions for purposes of Part 2
- 68Interpretation of Part 2: general
- Part 3: NOMINATED PERSON
- Nominated person
- 69Nominated person
- Appointment by person of his or her nominated person
- 70Appointment of nominated person
- 71Revocation of appointment
- 72Resignation
- Default nominated person
- 73Default nominated person
- 74Section 73: the list
- 75Section 73: persons to be disregarded
- 76Section 73: meaning of “carer”
- Declarations etc
- 77Declaration that particular person not to be nominated person
- 78Notice declining to be a person's nominated person
- Formalities
- 79Formalities for documents under Part 3
- Powers of the Tribunal
- 80Application to Tribunal for appointment of nominated person
- 81Tribunal's power to appoint nominated person
- 82Tribunal's power to disqualify person from being default nominated person
- 83Revocation of Tribunal's appointment where P regains capacity
- Duties in relation to nominated person
- 84Duties in relation to nominated person: supplementary
- 85Determining who is nominated person
- Part 4: INDEPENDENT MENTAL CAPACITY ADVOCATES Not yet in force
- Independent mental capacity advocates Not yet in force
- 86Independent mental capacity advocates Not yet in force
- 87Functions of independent mental capacity advocates: provision of support, etc Not yet in force
- Procedure for ensuring that an independent mental capacity advocate is instructed Not yet in force
- 88Request for independent mental capacity advocate to be instructed Not yet in force
- 89Steps to be taken before independent mental capacity advocate may be requested Not yet in force
- 90Right to declare that no independent mental capacity advocate to be instructed Not yet in force
- 91Instruction of independent mental capacity advocate Not yet in force
- 92Powers of independent mental capacity advocates Not yet in force
- Procedure after instruction of independent mental capacity advocate Not yet in force
- 93Right of person to discontinue involvement of independent mental capacity advocate Not yet in force
- 94Continuing duty of trust in relation to independent mental capacity advocate Not yet in force
- Formalities Not yet in force
- 95Formalities for declarations under Part 4 Not yet in force
- Power to adjust role of independent mental capacity advocates Not yet in force
- 96Power to adjust role of independent mental capacity advocates Not yet in force
- Part 5: LASTING POWERS OF ATTORNEY Not yet in force
- Creation of lasting power of attorney Not yet in force
- 97Lasting powers of attorney Not yet in force
- Scope of lasting power of attorney Not yet in force
- 98Restrictions on scope of lasting power of attorney Not yet in force
- 99Relationship between advance decisions and lasting powers of attorney Not yet in force
- 100Scope of lasting powers of attorney: gifts Not yet in force
- Appointment of attorneys and replacements Not yet in force
- 101Appointment of attorneys: requirements as respects attorneys Not yet in force
- 102Appointment of two or more attorneys Not yet in force
- 103Appointment of replacement attorneys Not yet in force
- 104Appointment of two or more replacements for a single initial appointee Not yet in force
- 105Replacement attorneys: position where two or more initial appointees Not yet in force
- 106Revocation of lasting power etc by donor or on donor's bankruptcy Not yet in force
- 107Revocation etc: events relating to the attorney Not yet in force
- Protection of attorney and others Not yet in force
- 108Protection of attorney and others if no power created or power revoked Not yet in force
- 109Reliance on authority of attorney in relation to treatment etc Not yet in force
- Powers of the court Not yet in force
- 110Powers of court as to lasting powers of attorney Not yet in force
- 111Powers of court as to operation of lasting powers of attorney Not yet in force
- Part 6: HIGH COURT POWERS: DECISIONS AND DEPUTIES Not yet in force
- Declarations Not yet in force
- 112The court's power to make declarations Not yet in force
- Decisions and deputies Not yet in force
- 113The court's powers to make decisions and appoint deputies: general Not yet in force
- 114Section 113 powers: care, treatment and personal welfare Not yet in force
- 115Section 113 powers: property and affairs Not yet in force
- 116Appointment of deputies Not yet in force
- 117Restrictions on deputies Not yet in force
- 118Reliance on authority of deputy in relation to treatment etc Not yet in force
- Ancillary powers of the court Not yet in force
- 119Interim orders and directions Not yet in force
- 120Power to call for reports
- 121Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)
- Practice and procedure Not yet in force
- 122Applications to the court Not yet in force
- 123Duty to notify Attorney General Not yet in force
- 124Rules of court Not yet in force
- Part 7: PUBLIC GUARDIAN AND COURT VISITORS Not yet in force
- Public Guardian Not yet in force
- 125The Public Guardian Not yet in force
- 126Functions of the Public Guardian Not yet in force
- 127Further powers of the Public Guardian
- 128Duty to notify the Public Guardian
- 129Notifications under section 128: procedure and effect Not yet in force
- Court Visitors Not yet in force
- 130Court Visitors Not yet in force
- 131Powers of Court Visitors
- Part 8: RESEARCH
- Approved research projects
- 132Research
- 133Section 132: exception for clinical trials
- 134Approval of research projects
- 135Requirement to consult nominated person, carer etc
- 136Section 135: exception for urgent treatment
- 137Additional safeguards
- Transitional cases
- 138Loss of capacity during research project: transitional cases
- Part 9: POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY Not yet in force
- Power of police to remove person from public place to place of safety Not yet in force
- 139Power of police to remove person from public place to place of safety Not yet in force
- 140Information to be given on removal Not yet in force
- 141Search of person on exercise of power to remove Not yet in force
- Powers of police to detain person removed from public place Not yet in force
- 142Power of police to detain in hospital a person removed from a public place Not yet in force
- 143Power to detain in police station a person removed from a public place Not yet in force
- 144Sections 142 and 143: the detention conditions Not yet in force
- 145Transfer from one place of safety to another Not yet in force
- 146Maximum period of detention under Part 9 Not yet in force
- Duties and powers of police where person removed to place of safety Not yet in force
- 147Duty to inform certain persons where power of removal or transfer used Not yet in force
- 148Section 147: meaning of “the required information” etc Not yet in force
- 149Record of detention to be kept Not yet in force
- 150Responsibilities of the appropriate officer Not yet in force
- 151Review of detention Not yet in force
- 152Access to legal advice Not yet in force
- 153Searches of person following removal to place of safety Not yet in force
- 154Searches and examination to ascertain identity Not yet in force
- 155Intimate searches Not yet in force
- 156Annual records Not yet in force
- Supplementary Not yet in force
- 157Principles applying for purposes of Part 9 Not yet in force
- 158Reasonable belief etc Not yet in force
- 159Power of constable to use reasonable force Not yet in force
- 160Definitions for purposes of Part 9 Not yet in force
- 161Relationship of Part 9 to other provisions Not yet in force
- Part 10: CRIMINAL JUSTICE Not yet in force
- Chapter 1: REMAND TO HOSPITAL Not yet in force
- 162Remand to hospital Not yet in force
- 163Section 162: meaning of “an accused person” Not yet in force
- 164Section 162: the medical report condition Not yet in force
- 165Section 162: the treatment condition Not yet in force
- 166Effect of remand to hospital Not yet in force
- Chapter 2: POWERS OF COURT ON CONVICTION Not yet in force
- Public protection orders with and without restrictions Not yet in force
- 167Public protection orders with and without restrictions Not yet in force
- 168Section 167: the detention conditions Not yet in force
- 169Section 167: the restriction condition Not yet in force
- 170Further provision about making of public protection orders Not yet in force
- 171Effect of public protection orders Not yet in force
- 172Power to direct the ending of restrictions under a public protection order Not yet in force
- 173Effect of ending of restrictions under a public protection order Not yet in force
- Hospital directions Not yet in force
- 174Hospital direction when passing custodial sentence Not yet in force
- 175Conditions for giving hospital direction Not yet in force
- 176Effect of hospital directions Not yet in force
- Interim detention orders Not yet in force
- 177Interim detention orders Not yet in force
- 178Effect of interim detention orders Not yet in force
- Chapter 3: DETENTION UNDER A PUBLIC PROTECTION ORDER WITHOUT RESTRICTIONS Not yet in force
- Detention and discharge Not yet in force
- 179Detention under a public protection order without restrictions Not yet in force
- 180Discharge from detention by responsible medical practitioner Not yet in force
- Extension of the period of an order Not yet in force
- 181First extension of period of order Not yet in force
- 182Subsequent extensions Not yet in force
- 183Sections 181 and 182: extension reports Not yet in force
- 184Extension of period where responsible person not of the requisite opinion Not yet in force
- 185The criteria for continuation Not yet in force
- 186Extension reports: further provision Not yet in force
- Permission for absence and transfers Not yet in force
- 187Permission for absence Not yet in force
- 188Transfers between hospitals etc Not yet in force
- Effect of custodial sentence Not yet in force
- 189Effect of custodial sentence Not yet in force
- Chapter 4: DETENTION UNDER A PUBLIC PROTECTION ORDER WITH RESTRICTIONS Not yet in force
- 190Detention under a public protection order with restrictions Not yet in force
- 191Discharge from detention by Department of Justice Not yet in force
- 192Power to recall person who has been conditionally discharged Not yet in force
- 193Reports by responsible medical practitioner Not yet in force
- 194Direction for person to attend for purposes of justice etc Not yet in force
- 195Permission for absence Not yet in force
- 196Transfers between hospitals etc Not yet in force
- Chapter 5: DETENTION UNDER A HOSPITAL DIRECTION Not yet in force
- 197Detention under a hospital direction Not yet in force
- 198Termination of hospital directions Not yet in force
- 199Section 198: meaning of “release date” Not yet in force
- 200Duties and powers to release from detention Not yet in force
- 201Reports by responsible medical practitioner Not yet in force
- 202Permission for absence etc Not yet in force
- 203Transfers between hospitals Not yet in force
- Chapter 6: UNFITNESS TO BE TRIED ETC Not yet in force
- Procedure during trial on indictment Not yet in force
- 204Procedure where question of fitness to be tried arises Not yet in force
- 205Finding that the accused did the act or made the omission charged Not yet in force
- 206Procedure in relation to finding of insanity Not yet in force
- 207Powers to deal with person unfit to be tried or not guilty by reason of insanity Not yet in force
- 208Remission for trial where person no longer unfit to be tried Not yet in force
- Procedure of court of summary jurisdiction Not yet in force
- 209Power to make order where the accused did the act or made the omission charged Not yet in force
- Restraining orders Not yet in force
- 210Power to make restraining order following finding of unfitness to plead etc Not yet in force
- Chapter 7: TRANSFER FROM PRISON ETC TO HOSPITAL Not yet in force
- Persons serving custodial sentences etc Not yet in force
- 211Power to transfer person serving custodial sentence etc to hospital Not yet in force
- 212Conditions for transfer under section 211 Not yet in force
- 213Effect of transfer under section 211 Not yet in force
- Civil prisoners and immigration detainees Not yet in force
- 214Transfer of civil prisoner or immigration detainee to hospital Not yet in force
- 215Detention in hospital on removal under section 214 Not yet in force
- 216Termination of direction under section 214 Not yet in force
- Persons remanded in custody by magistrates' court Not yet in force
- 217Transfer to hospital of person remanded by magistrates' court Not yet in force
- 218Detention in hospital on removal under section 217 Not yet in force
- 219Termination of direction under section 217 etc Not yet in force
- Other detainees Not yet in force
- 220Transfer of certain other detainees to hospital Not yet in force
- 221Detention in hospital on removal under section 220 Not yet in force
- 222Termination of direction under section 220 Not yet in force
- Conditions for transfer to hospital under section 214, 217 or 220 Not yet in force
- 223Conditions for transfer to hospital under section 214, 217 or 220 Not yet in force
- General provisions about hospital transfer directions Not yet in force
- 224General provisions about hospital transfer directions Not yet in force
- Chapter 8: RIGHTS OF REVIEW OF DETENTION UNDER PART 10 Not yet in force
- Applications and references to Tribunal: general Not yet in force
- 225Right to apply to Tribunal Not yet in force
- 226Meaning of “a qualifying person” Not yet in force
- 227Applications: visiting and examination Not yet in force
- 228Power of certain persons to refer case to Tribunal Not yet in force
- 229Duty of HSC trust to refer case to Tribunal Not yet in force
- 230Duty to notify the Attorney General Not yet in force
- Powers of Tribunal as to public protection orders Not yet in force
- 231Powers of Tribunal as to public protection order without restrictions Not yet in force
- 232Powers of Tribunal as to public protection order with restrictions Not yet in force
- 233Sections 231 and 232: the prevention of serious harm condition Not yet in force
- 234Sections 231 and 232: additional powers of Tribunal etc Not yet in force
- Effect of conditional discharge from public protection order with restrictions Not yet in force
- 235Effect of conditional discharge Not yet in force
- 236Applications and references to Tribunal where person recalled Not yet in force
- 237Applications to Tribunal where person has not been recalled Not yet in force
- Powers of Tribunal as to hospital directions and hospital transfer directions Not yet in force
- 238Powers of Tribunal as to hospital directions and hospital transfer directions Not yet in force
- 239Section 238: additional powers of Tribunal Not yet in force
- 240Section 238: procedure where prevention of serious harm condition is not met Not yet in force
- Chapter 9: SUPPLEMENTARY Not yet in force
- Provision of information Not yet in force
- 241Provision of information Not yet in force
- 242Ways in which information must be provided Not yet in force
- Detention under Part 10: further provision Not yet in force
- 243Section 20 may apply to person detained under Part 10 Not yet in force
- 244Absence without permission Not yet in force
- 245Effect of court order or direction on previous authority for hospital detention Not yet in force
- Appeals Not yet in force
- 246Appeals: general Not yet in force
- 247Appeals against orders made on finding of unfitness to be tried etc Not yet in force
- 248Hospital directions: cases stated by magistrates' courts Not yet in force
- Other supplementary provision Not yet in force
- 249Requirements as to written evidence Not yet in force
- 250Interpretation of Part 10: children Not yet in force
- 251Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain Not yet in force
- 252Interpretation of Part 10: references to disorder Not yet in force
- 253Interpretation of Part 10: general Not yet in force
- Part 11: TRANSFER BETWEEN JURISDICTIONS Not yet in force
- Chapter 1: REMOVAL OF PERSONS FROM NORTHERN IRELAND Not yet in force
- Removal to other parts of UK of persons detained under Part 2 Not yet in force
- 254Removal of persons detained under Part 2 to England or Wales Not yet in force
- 255Removal of persons detained under Part 2 to Scotland Not yet in force
- Removal to other parts of UK of persons detained under Part 10 Not yet in force
- 256Removal of certain persons detained under Part 10 to England or Wales Not yet in force
- 257Removal of certain persons detained under Part 10 to Scotland Not yet in force
- Chapter 2: PERSONS REMOVED FROM ENGLAND, WALES OR SCOTLAND TO NORTHERN IRELAND Not yet in force
- Persons to be detained under Part 2 Not yet in force
- 258Persons to be detained under Part 2 after removal from England or Wales Not yet in force
- 259Persons to be detained under Part 2 after removal from Scotland Not yet in force
- Persons to be detained under Part 10 Not yet in force
- 260Persons to be detained under Part 10 after removal from England or Wales Not yet in force
- 261Persons to be detained under Part 10 after removal from Scotland Not yet in force
- Chapter 3: SUPPLEMENTARY Not yet in force
- 262Removal or transfer from Northern Ireland: power to make further provision Not yet in force
- 263Persons removed or transferred to Northern Ireland: power to make further provision Not yet in force
- 264Interpretation of Part 11 Not yet in force
- Part 12: CHILDREN
- 265In-patients under 18: duties of hospital managers Not yet in force
- 266Amendments of Mental Health Order: children etc
- Part 13: OFFENCES
- 267Ill-treatment or neglect
- 268Forgery, false statements etc
- 269Unlawful detention of persons lacking capacity etc
- 270Assisting persons to absent themselves without permission
- 271Assisting breach of community residence requirement Not yet in force
- 272Obstruction
- 273Offences by bodies corporate
- Part 14: MISCELLANEOUS
- The Review Tribunal
- 274Renaming of Mental Health Review Tribunal
- 275Visiting etc powers of medical practitioners in connection with the Tribunal
- Expenditure etc
- 276Power to make regulations about dealing with money and valuables
- 277Contravention of regulations under section 276(2) Not yet in force
- 278Expenditure Not yet in force
- 279Payment for necessary goods and services Not yet in force
- Miscellaneous functions of HSC trusts
- 280Appointment of approved social workers
- 281Miscellaneous functions of HSC trusts
- Direct payments in place of provision of care services Not yet in force
- 282Direct payments in place of provision of care services Not yet in force
- International protection of adults Not yet in force
- 283International protection of adults Not yet in force
- Advance decisions to refuse treatment
- 284Review of law relating to advance decisions
- Matters excluded from Act Not yet in force
- 285Family relationships etc Not yet in force
- 286Voting rights Not yet in force
- Declaratory provision Not yet in force
- 287Relationship of Act with law relating to murder etc Not yet in force
- Part 15: SUPPLEMENTARY
- Codes of practice
- 288Codes of practice
- 289Effect of code
- Provision of information and facilities
- 290Provision of information by HSC trusts and the Department
- 291Provision of facilities by HSC trusts and the Department
- Warrants
- 292Warrants
- 293Warrants: persons liable to be detained under 1983 Act or 2005 Order Not yet in force
- Custody, detention etc Not yet in force
- 294Provisions as to custody, detention etc Not yet in force
- 295Retaking of persons escaping from legal custody Not yet in force
- Special accommodation
- 296Special accommodation
- Panels
- 297Panels constituted to decide applications: general provision
- Protection from proceedings Not yet in force
- 298Protection for acts done in pursuance of Part 9 or 10
- Other supplementary provision
- 299Risk of serious physical harm to others
- 300Medical practitioners who may make certain medical reports
- 301Documents appearing to be duly made
- 302Regulations
- 303Consequential amendments and repeals
- Definitions
- 304Persons “unconnected with” a person
- 305Meaning of “mental disorder”
- 306Definitions for purposes of Act
- Final provisions
- 307Commencement etc
- 308Short title
- Schedule 1: Authorisation by panel of certain serious interventions
- Part 1: Preliminary
- 1Paragraph 1
- Part 2: Applications for authorisation
- Applications for authorisation
- 2Paragraph 2
- Applications: supplementary
- 3Paragraph 3
- Paragraph 2: meaning of “relevant treatment” Not yet in force
- 4Paragraph 4 Not yet in force
- Who may make application
- 5Paragraph 5
- Contents of application
- 6Paragraph 6
- Medical report
- 7Paragraph 7
- Care plan
- 8Paragraph 8
- Part 3: The criteria for authorisation
- Criteria for treatment Not yet in force
- 9Paragraph 9 Not yet in force
- Criteria for detention amounting to deprivation of liberty
- 10Paragraph 10
- Criteria for requirement to attend for treatment Not yet in force
- 11Paragraph 11 Not yet in force
- Criteria for community residence requirement Not yet in force
- 12Paragraph 12 Not yet in force
- Measures proposed to be carried out only if particular circumstances arise
- 13Paragraph 13
- Part 4: Decision on application
- Panel to consider application
- 14Paragraph 14
- Decision on application
- 15Paragraph 15
- Specifying detention amounting to deprivation of liberty
- 16Paragraph 16
- Specifying requirement to attend for treatment Not yet in force
- 17Paragraph 17 Not yet in force
- Specifying community residence requirement Not yet in force
- 18Paragraph 18 Not yet in force
- Time limit for panel's decision, and duty to notify decision
- 19Paragraph 19
- Interim authorisations
- 20Paragraph 20
- Part 5: Matters covered by authorisation etc
- Treatment: what is covered by authorisation Not yet in force
- 21Paragraph 21 Not yet in force
- Detention: what is covered by authorisation
- 22Paragraph 22
- Effect of discharge from detention
- 23Paragraph 23
- Power to vary or revoke requirements etc imposed under authorisation
- 24Paragraph 24
- Effect of authorisation on previous authorisations
- 25Paragraph 25
- 26Paragraph 26
- Relationship with other conditions
- 27Paragraph 27
- Schedule 2: Authorisation of short-term detention in hospital for examination etc
- Part 1: Preliminary
- 1Paragraph 1
- Part 2: The authorisation
- Authorisation of detention in hospital for examination etc
- 2Paragraph 2
- Who may make a report under paragraph 2
- 3Paragraph 3
- Medical report
- 4Paragraph 4
- Consultation required before report authorising detention is made
- 5Paragraph 5
- 6Paragraph 6
- Information to be given where report authorising detention is made
- 7Paragraph 7
- Duration of authorisation: preliminary
- 8Paragraph 8
- Part 3: Events terminating the authorisation
- Expiry where failure to admit P within period required
- 9Paragraph 9
- Expiry where failure to give P certain information
- 10Paragraph 10
- Expiry where failure to examine and report on P on admission
- 11Paragraph 11
- The condition for detention
- 12Paragraph 12
- Expiry where no examination and report by suitable medical practitioner within required time
- 13Paragraph 13
- Expiry where no further examination and report on P within 14 days
- 14Paragraph 14
- Expiry 14 days after date of further report
- 15Paragraph 15
- Discharge
- 16Paragraph 16
- Unreasonable delay in taking certain steps
- 17Paragraph 17
- Part 4: Supplementary provisions
- Detention covered by authorisation
- 18Paragraph 18
- Relationship with other conditions
- 19Paragraph 19
- Rectification of reports: correction of administrative errors
- 20Paragraph 20
- Rectification of reports: substitution of medical reports
- 21Paragraph 21
- 22Paragraph 22
- Schedule 3: Extension by panel of period of authorisation
- Preliminary
- 1Paragraph 1
- Applications for extension
- 2Paragraph 2
- Who may make application
- 3Paragraph 3
- Contents of application
- 4Paragraph 4
- Medical report
- 5Paragraph 5
- Care plan
- 6Paragraph 6
- Panel to consider application
- 7Paragraph 7
- Decision on application
- 8Paragraph 8
- Time limit for panel's decision, and duty to notify decision
- 9Paragraph 9
- Schedule 4: Lasting powers of attorney: formalities Not yet in force
- Part 1: Making instruments Not yet in force
- General requirements as to making instruments Not yet in force
- 1Paragraph 1 Not yet in force
- Requirements as to content of instruments Not yet in force
- 2Paragraph 2 Not yet in force
- Failure to comply with required form Not yet in force
- 3Paragraph 3 Not yet in force
- Part 2: Registration Not yet in force
- Applications and procedure for registration Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- Notification requirements Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- Power to dispense with notification requirements Not yet in force
- 9Paragraph 9 Not yet in force
- Instrument not properly made Not yet in force
- 10Paragraph 10 Not yet in force
- Instrument containing ineffective provision Not yet in force
- 11Paragraph 11 Not yet in force
- Deputy already appointed Not yet in force
- 12Paragraph 12 Not yet in force
- Objection by attorney, replacement attorney or named person Not yet in force
- 13Paragraph 13 Not yet in force
- Objection by donor Not yet in force
- 14Paragraph 14 Not yet in force
- Notification of registration Not yet in force
- 15Paragraph 15 Not yet in force
- Evidence of registration Not yet in force
- 16Paragraph 16 Not yet in force
- Part 3: Cancellation of registration and notification of severance Not yet in force
- Cancellation of registration by Public Guardian following revocation Not yet in force
- 17Paragraph 17 Not yet in force
- Court to require Public Guardian to cancel registration in certain cases Not yet in force
- 18Paragraph 18 Not yet in force
- Notification by court of ineffective provision etc in instrument Not yet in force
- 19Paragraph 19 Not yet in force
- Notification on cancellation Not yet in force
- 20Paragraph 20 Not yet in force
- Delivery up of instrument on cancellation Not yet in force
- 21Paragraph 21 Not yet in force
- Part 4: Records of alterations in registered powers Not yet in force
- Partial revocation or suspension of power as a result of bankruptcy Not yet in force
- 22Paragraph 22 Not yet in force
- Termination of appointment of attorney which does not revoke power Not yet in force
- 23Paragraph 23 Not yet in force
- Replacement of attorney Not yet in force
- 24Paragraph 24 Not yet in force
- Severance of ineffective provisions Not yet in force
- 25Paragraph 25 Not yet in force
- Notification of alterations Not yet in force
- 26Paragraph 26 Not yet in force
- Schedule 5: Property and affairs: supplementary provisions Not yet in force
- Wills: introductory Not yet in force
- 1Paragraph 1 Not yet in force
- Provision that may be made in will Not yet in force
- 2Paragraph 2 Not yet in force
- Wills: requirements relating to execution Not yet in force
- 3Paragraph 3 Not yet in force
- Wills: effect of execution Not yet in force
- 4Paragraph 4 Not yet in force
- Vesting orders ancillary to settlement etc Not yet in force
- 5Paragraph 5 Not yet in force
- Variation of settlements Not yet in force
- 6Paragraph 6 Not yet in force
- Transfer of stock to appointee outside Northern Ireland Not yet in force
- 7Paragraph 7 Not yet in force
- Preservation of interests in property disposed of on behalf of person lacking capacity Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- Schedule 6: Extension by panel of public protection order without restrictions Not yet in force
- Preliminary Not yet in force
- 1Paragraph 1 Not yet in force
- Applications for extension of public protection order without restrictions Not yet in force
- 2Paragraph 2 Not yet in force
- Who may make application Not yet in force
- 3Paragraph 3 Not yet in force
- Contents of application Not yet in force
- 4Paragraph 4 Not yet in force
- Medical report Not yet in force
- 5Paragraph 5 Not yet in force
- Care plan Not yet in force
- 6Paragraph 6 Not yet in force
- Panel to consider application Not yet in force
- 7Paragraph 7 Not yet in force
- Decision on application Not yet in force
- 8Paragraph 8 Not yet in force
- Time limit for panel's decision, and duty to notify decision Not yet in force
- 9Paragraph 9 Not yet in force
- Schedule 7: Supervision and assessment orders Not yet in force
- Part 1: Introductory Not yet in force
- Introductory Not yet in force
- 1Paragraph 1 Not yet in force
- Part 2: Making and contents of order Not yet in force
- Conditions which must be satisfied before order can be made Not yet in force
- 2Paragraph 2 Not yet in force
- Supervision element Not yet in force
- 3Paragraph 3 Not yet in force
- Assessment element Not yet in force
- 4Paragraph 4 Not yet in force
- Residence element Not yet in force
- 5Paragraph 5 Not yet in force
- Procedural requirements relating to the making of the order Not yet in force
- 6Paragraph 6 Not yet in force
- Part 3: Effect of order Not yet in force
- 7Paragraph 7 Not yet in force
- Part 4: Amendment or revocation of order Not yet in force
- Amendment of order: general Not yet in force
- 8Paragraph 8 Not yet in force
- Amendment of order: change of area of residence Not yet in force
- 9Paragraph 9 Not yet in force
- Medical reports Not yet in force
- 10Paragraph 10 Not yet in force
- Revocation of order Not yet in force
- 11Paragraph 11 Not yet in force
- Procedural requirements on amendment or revocation of order Not yet in force
- 12Paragraph 12 Not yet in force
- Part 5: Breach of order Not yet in force
- 13Paragraph 13 Not yet in force
- Part 6: Supplementary Not yet in force
- Power to vary period for which supervision element may be made Not yet in force
- 14Paragraph 14 Not yet in force
- Transitional provision relating to the abolition of petty sessions districts Not yet in force
- 15Paragraph 15 Not yet in force
- Schedule 8: Amendments of Mental Health Order
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- 21Paragraph 21 Not yet in force
- 22Paragraph 22 Not yet in force
- 23Paragraph 23 Not yet in force
- 24Paragraph 24 Not yet in force
- 25Paragraph 25 Not yet in force
- 26Paragraph 26 Not yet in force
- 27Paragraph 27 Not yet in force
- 28Paragraph 28 Not yet in force
- 29Paragraph 29 Not yet in force
- 30Paragraph 30 Not yet in force
- 31Paragraph 31 Not yet in force
- 32Paragraph 32 Not yet in force
- 33Paragraph 33 Not yet in force
- 34Paragraph 34 Not yet in force
- 35Paragraph 35 Not yet in force
- 36Paragraph 36 Not yet in force
- 37Paragraph 37 Not yet in force
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40 Not yet in force
- 41Paragraph 41 Not yet in force
- 42Paragraph 42 Not yet in force
- 43Paragraph 43 Not yet in force
- 44Paragraph 44 Not yet in force
- 45Paragraph 45 Not yet in force
- 46Paragraph 46 Not yet in force
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49 Not yet in force
- 50Paragraph 50 Not yet in force
- 51Paragraph 51 Not yet in force
- 52Paragraph 52 Not yet in force
- 53Paragraph 53 Not yet in force
- 54Paragraph 54 Not yet in force
- 55Paragraph 55 Not yet in force
- 56Paragraph 56 Not yet in force
- 57Paragraph 57 Not yet in force
- 58Paragraph 58 Not yet in force
- 59Paragraph 59 Not yet in force
- 60Paragraph 60 Not yet in force
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- 62Paragraph 62 Not yet in force
- 63Paragraph 63 Not yet in force
- 64Paragraph 64 Not yet in force
- 65Paragraph 65 Not yet in force
- 66Paragraph 66 Not yet in force
- 67Paragraph 67 Not yet in force
- 68Paragraph 68 Not yet in force
- 69Paragraph 69 Not yet in force
- 70Paragraph 70 Not yet in force
- 71Paragraph 71
- Schedule 9: International protection of adults Not yet in force
- Part 1: Preliminary Not yet in force
- Introduction Not yet in force
- 1Paragraph 1 Not yet in force
- The Convention Not yet in force
- 2Paragraph 2 Not yet in force
- Countries, territories and nationals Not yet in force
- 3Paragraph 3 Not yet in force
- Adults with incapacity Not yet in force
- 4Paragraph 4 Not yet in force
- Protective measures Not yet in force
- 5Paragraph 5 Not yet in force
- Application of this Schedule Not yet in force
- 6Paragraph 6 Not yet in force
- Central Authority Not yet in force
- 7Paragraph 7 Not yet in force
- Part 2: Jurisdiction Not yet in force
- Scope of jurisdiction Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- Exercise of jurisdiction Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- Part 3: Applicable law Not yet in force
- Applicable law Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- Lasting powers of attorney, etc Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- Protection of third parties Not yet in force
- 17Paragraph 17 Not yet in force
- Mandatory rules Not yet in force
- 18Paragraph 18 Not yet in force
- Public policy Not yet in force
- 19Paragraph 19 Not yet in force
- Part 4: Recognition and enforcement Not yet in force
- Recognition Not yet in force
- 20Paragraph 20 Not yet in force
- 21Paragraph 21 Not yet in force
- 22Paragraph 22 Not yet in force
- Enforcement Not yet in force
- 23Paragraph 23 Not yet in force
- Measures taken in relation to under 16s Not yet in force
- 24Paragraph 24 Not yet in force
- Supplementary Not yet in force
- 25Paragraph 25 Not yet in force
- Part 5: Co-operation Not yet in force
- Proposal for cross-border placement Not yet in force
- 26Paragraph 26 Not yet in force
- 27Paragraph 27 Not yet in force
- Adult in danger etc Not yet in force
- 28Paragraph 28 Not yet in force
- 29Paragraph 29 Not yet in force
- Part 6: General Not yet in force
- Certificate Not yet in force
- 30Paragraph 30 Not yet in force
- Powers to make further provision as to private international law Not yet in force
- 31Paragraph 31 Not yet in force
- Exceptions Not yet in force
- 32Paragraph 32 Not yet in force
- Schedule 10: Consequential amendments Not yet in force
- Judicature (Northern Ireland) Act 1978 (c. 23) Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47) Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- County Courts (Northern Ireland) Order 1980 (NI 3) Not yet in force
- 15Paragraph 15 Not yet in force
- Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) Not yet in force
- 16Paragraph 16 Not yet in force
- Schedule 11Repeals