# Mental Capacity Act (Northern Ireland) 2016, Section 141: Search of person on exercise of power to remove

Status: prospective

(1) Subsection (2) applies where a person in a public place is informed that he or she is to be (or is being) removed to a place of safety under section 139.
(2) The person is to be regarded for the purposes of Article 34 of PACE (search upon arrest) as having been arrested at the time when he or she was so informed.
(3) Where—
(a) a person (“R”) is removed from a public place under section 139, and
(b) it is not practicable to inform R as mentioned in subsection (1) before R is removed from the public place,
R is to be regarded for the purposes of Article 34 of PACE as having been arrested at the time when it was decided to remove R from that place to a place of safety.
(4) Article 34 of PACE applies by virtue of this section as if—
(a) paragraphs (2)(a)(ii) and (b), (6) and (7) were omitted;
(b) in paragraph (3) the reference to evidence were omitted.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/141 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-141
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.