{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-138",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-138.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/138",
  "kind": "section",
  "number": "138",
  "heading": "Loss of capacity during research project: transitional cases",
  "text": "(1) This section applies where a person who is 16 or over (“P”)—\n(a) consented to take part in a research project begun before the coming into operation of section 132; and\n(b) before the conclusion of the project, loses capacity to consent to continue to take part in it.\n(2) Regulations may provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—\n(a) the project satisfies prescribed requirements;\n(b) any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity; and\n(c) the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting P.\n(3) The regulations may in particular—\n(a) make provision about when, for the purposes of the regulations, a project is to be treated as having begun;\n(b) include provision similar to any made by sections 134 to 137.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 138 in operation at 1.10.2019 for specified purposes by S.R. 2019/163, art. 2(1), Sch. Pt. 1 (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/138",
    "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."
}