# Mental Capacity Act (Northern Ireland) 2016, Section 6: Compliance with section 1(2)


(1) In proceedings under this Act or any other statutory provision, any question whether a person who is 16 or over lacks capacity in relation to a matter (within the meaning of this Act) is to be decided on the balance of probabilities.
(2) Subsection (3) applies where, other than in such proceedings, it falls to a person to determine for any purpose of this Act whether another person who is 16 or over (“P”) lacks capacity in relation to a matter.
(3) If—
(a) the person making the determination has taken reasonable steps to establish whether P lacks capacity in relation to the matter,
(b) the person reasonably believes that P lacks capacity in relation to the matter, and
(c) the principles in section 1(3) to (5) and section 5 have been complied with,
for the purposes of section 1(2) the person is to be taken to have sufficiently “established” that P lacks capacity in relation to the matter.
(4) In this section “proceedings” includes proceedings before a tribunal and proceedings of any panel constituted under Schedule 1 or 3.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/6 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.