# Mental Capacity Act (Northern Ireland) 2016, Section 118: Reliance on authority of deputy in relation to treatment etc

Status: prospective

(1) This section applies if—
(a) an order has been made under section 113(2)(b) appointing a deputy for a person (“P”);
(b) another person (“D”) does an act in connection with the care, treatment or personal welfare of P;
(c) D does the act with the consent of a person (“C”) purporting to be P's deputy; and
(d) either C is not P's deputy, or it is not within the scope of C's authority to consent in relation to the matter in question.
(2) If—
(a) before doing the act, D takes reasonable steps to establish whether—
(i) C is P's deputy, and
(ii) it is within the scope of C's authority to consent in relation to the matter in question, and
(b) when doing the act, D reasonably believes that C is P's deputy and has authority to consent in relation to the matter,
D does not incur any liability in relation to the act because C was not P's deputy or (as the case may be) did not have such authority.

---
Source: https://www.legislation.gov.uk/nia/2016/18/section/118 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-118
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.