{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-1/paragraph-12",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-1/paragraph-12.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "schedule/1/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": null,
  "text": "In relation to the imposition on P of a community residence requirement, the criteria for authorisation are that—\n(a) failure to impose a community residence requirement would create a risk of harm to P;\n(b) imposing such a requirement would be a proportionate response to—\n(i) the likelihood of harm to P; and\n(ii) the seriousness of the harm concerned;\n(c) P lacks capacity in relation to the matters covered by the community residence requirement;\n(d) any services which, under regulations under section 33, are required to be available to people subject to community residence requirements are available in the area in which P would be required by the community residence requirement to live; and\n(e) the community residence requirement would be in P's best interests.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/schedule/1/paragraph/12",
    "retrieved_at": "2026-10-29T20:19:54.781348+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."
}