{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-10",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-10.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": "section/10",
  "kind": "section",
  "number": "10",
  "heading": "General limitations on section 9",
  "text": "(1) Section 9 does not exclude—\n(a) civil liability for loss or damage resulting from a person's negligence in doing an act; or\n(b) criminal liability resulting from such negligence.\n(2) Section 9 does not apply in relation to an act which is, or is done in the course of, psychosurgery.\n(3) Section 9 does not apply in relation to an act that conflicts with a decision concerning the care, treatment or personal welfare of a person (“P”) which—\n(a) is made in accordance with this Act by an attorney under a lasting power of attorney granted by P and is within the scope of the attorney's authority; or\n(b) is made in accordance with this Act by a deputy appointed for P by the court and is within the scope of the deputy's authority.\n(4) Nothing in subsection (3) prevents a person from—\n(a) providing life-sustaining treatment, or\n(b) doing an act which the person reasonably believes to be necessary to prevent a serious deterioration in P's condition,\nwhile a decision as respects any relevant issue is sought from the court.\n(5) The Department may by regulations amend subsection (2) so as to extend the descriptions of treatment to which section 9 does not apply.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 10(1) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/10",
    "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."
}