# Mental Capacity Act (Northern Ireland) 2016, Paragraph 12

Status: prospective

In relation to the imposition on P of a community residence requirement, the criteria for authorisation are that—
(a) failure to impose a community residence requirement would create a risk of harm to P;
(b) imposing such a requirement would be a proportionate response to—
(i) the likelihood of harm to P; and
(ii) the seriousness of the harm concerned;
(c) P lacks capacity in relation to the matters covered by the community residence requirement;
(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
(e) the community residence requirement would be in P's best interests.

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Source: https://www.legislation.gov.uk/nia/2016/18/schedule/1/paragraph/12 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-1/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.