{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-39",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-39.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/39",
  "kind": "section",
  "number": "39",
  "heading": "Sections 37 and 38: extension reports",
  "text": "(1) This section applies for the purposes of this Chapter.\n(2) An “extension report”, in relation to an authorisation in respect of a person (“P”), is a report in the prescribed form which—\n(a) is made, within the reporting period, by an appropriate medical practitioner who has examined P within the reporting period and made the report as soon as practicable after that examination;\n(b) specifies the authorised measure (or, if more than one, each authorised measure) that is proposed to be continued after the end of the current period;\n(c) states that in the appropriate medical practitioner's opinion the criteria for continuation (see section 41) are met in respect of each specified measure;\n(d) includes a statement in the prescribed form, by the responsible person (see section 42), that in that person's opinion the criteria for continuation are met in respect of each specified measure; and\n(e) includes any prescribed information.\n(3) If—\n(a) the report specifies a measure within section 41(2)(b) or (d) (deprivation of liberty or community residence requirement), and\n(b) the appropriate medical practitioner is of the opinion that P lacks (or probably lacks) capacity in relation to whether an application under section 45 (applications to Tribunal) should be made in respect of the authorisation,\nthe report must contain a statement of that opinion.\n(4) In this section—\n“appropriate medical practitioner” means a medical practitioner who is unconnected with P and is permitted by regulations under section 300 to make the report;\n“authorised measure” and “measure” have the meaning given by section 41;\n“the current period” means—\n(a)in the case of an extension under section 37, the initial period;\n(b)in the case of an extension under section 38, the current extension period (within the meaning of that section);\n“the reporting period” means—\n(a)in the case of an extension under section 37, the last month of the current period;\n(b)in the case of an extension under section 38, the last two months of the current period.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 39 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (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/39",
    "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."
}