{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-45",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-45.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/45",
  "kind": "section",
  "number": "45",
  "heading": "Right to apply to Tribunal",
  "text": "(1) Where an event mentioned in the first column of the following table occurs, a qualifying person may apply to the Tribunal within the period mentioned in the corresponding entry of the second column of the table.\nEvent\nPeriod for making application\nThe grant of an authorisation under paragraph 15 of Schedule 1\nThe period of 6 months beginning with the date the authorisation is granted\nThe grant of an interim authorisation under paragraph 20 of that Schedule\nThe period of 28 days beginning with the date the interim authorisation is granted\nThe grant of an authorisation under Schedule 2\nThe period of 28 days beginning with the date of admission (as defined by paragraph 14(3) of Schedule 2)\nThe extension under Chapter 6 of the period of an authorisation under paragraph 15 of Schedule 1\nThe period—\n(a)beginning with the date when the period of the authorisation is extended; and\n(b)ending with the end of the period for which the authorisation is extended\n(2) In this section “a qualifying person” means—\n(a) the person to whom the authorisation relates (“P”); or\n(b) subject to subsection (3), a person who is P's nominated person.\n(3) If P has capacity in relation to whether an application under this section should be made, P's nominated person may make an application only with P's consent.\n(4) No application under this section may be made in respect of an authorisation that—\n(a) has ceased to be effective by virtue of section 29(4) or 32(4) or paragraph 23 of Schedule 1 (effect on authorisation of discharge from detention etc); or\n(b) for any other reason is no longer in force.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 45(1)-(3) 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)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 45(4) in operation at 2.12.2019 for specified purposes (but omitting \"section 29(4) or 32(4) or\") 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/45",
    "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."
}