{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-89",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-89.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/89",
  "kind": "section",
  "number": "89",
  "heading": "Steps to be taken before independent mental capacity advocate may be requested",
  "text": "(1) The steps referred to in section 88(3) are as follows.\n(2) P must be given prescribed information relating to independent mental capacity advocates.\n(3) P must be given an opportunity to decide whether to make a declaration under section 90 (refusal by P of independent mental capacity advocate).\n(4) If P's decision is to make such a declaration, P must be given an opportunity to make that declaration.\n(5) But the steps in subsections (3) and (4) need not be taken where P does not have capacity to make a declaration under section 90.\n(6) The information prescribed under subsection (2) must include notice that, if an independent mental capacity advocate is instructed, this may result in information about P (including sensitive personal information) being disclosed by virtue of this Act to the independent mental capacity advocate.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/89",
    "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."
}