# Mental Capacity Act (Northern Ireland) 2016, Section 39: Sections 37 and 38: extension reports


(1) This section applies for the purposes of this Chapter.
(2) An “extension report”, in relation to an authorisation in respect of a person (“P”), is a report in the prescribed form which—
(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;
(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;
(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;
(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
(e) includes any prescribed information.
(3) If—
(a) the report specifies a measure within section 41(2)(b) or (d) (deprivation of liberty or community residence requirement), and
(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,
the report must contain a statement of that opinion.
(4) In this section—
“appropriate medical practitioner” means a medical practitioner who is unconnected with P and is permitted by regulations under section 300 to make the report;
“authorised measure” and “measure” have the meaning given by section 41;
“the current period” means—
(a)in the case of an extension under section 37, the initial period;
(b)in the case of an extension under section 38, the current extension period (within the meaning of that section);
“the reporting period” means—
(a)in the case of an extension under section 37, the last month of the current period;
(b)in the case of an extension under section 38, the last two months of the current period.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/39 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.