# Mental Capacity Act (Northern Ireland) 2016, Section 25: Section 24: definitions


(1) This section applies for the purposes of section 24.
(2) “Related detention” means—
(a) the detention of P in circumstances amounting to a deprivation of liberty while P is being taken to a place in which care or treatment is available for P; or
(b) the detention of P in circumstances amounting to a deprivation of liberty in pursuance of a condition imposed on P that relates to permission given to P to be absent from a relevant place (as defined by section 27).
(3) Detention is “authorised” if, at the time the act is done, there is in force an authorisation granted—
(a) by a panel under Schedule 1, or
(b) by the making of a report under paragraph 2 of Schedule 2 (authorisation of short-term detention for examination etc),
which authorises that detention.
(4) See paragraph 22 of Schedule 1 or paragraph 18 of Schedule 2 (as the case may be) for provisions about the scope of an authorisation.
(5) The prevention of serious harm condition is that at the time the act is done D reasonably believes—
(a) that failure to detain P in circumstances amounting to a deprivation of liberty would create a risk of serious harm to P or of serious physical harm to other persons; and
(b) that the detention in question is a proportionate response to—
(i) the likelihood of harm to P, or of physical harm to other persons; and
(ii) the seriousness of the harm concerned.
(6) References in this section to “the act” are to the act mentioned in section 24(1).

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Source: https://www.legislation.gov.uk/nia/2016/18/section/25 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.