# Mental Capacity Act (Northern Ireland) 2016, Section 30: Community residence requirements: authorisation etc

Status: prospective

(1) This section applies where the act mentioned in section 9(1) is—
(a) the imposition on P of a community residence requirement (see section 31); or
(b) an act done for the purpose of ensuring that P complies with a community residence requirement.
(2) Section 9(2) (protection from liability) applies to the act only if—
(a) the community residence requirement is authorised; and
(b) the prevention of harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.
(3) For the purposes of subsection (2)(a) the community residence requirement is “authorised” if, at the time the act is done, there is in force an authorisation granted under Schedule 1 which permits that community residence requirement to be imposed.
(4) The prevention of harm condition is that at the time the act is done D reasonably believes—
(a) that failure to do the act would create a risk of harm to P; and
(b) that the act is a proportionate response to—
(i) the likelihood of harm to P; and
(ii) the seriousness of the harm concerned.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/30 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-30
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.