Article 3 Amendment of the 1986 Rules
Rule 2 of the 1986 Rules is amended as follows.
Before the definition of “the Board’s statement” insert:—
““the Act” means the Mental Capacity Act (Northern Ireland) 2016f1;”.
In the definition of “the Board’s statement” for “responsible Board” substitute “responsible authority or relevant HSC Trust”.
After the definition of “decision with recommendations” insert:—
““delivered” includes delivered by electronic mail;”.
After the definition of “Department” insert:—
““hearing” includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“HSC Trust” has the meaning assigned to it by section 306(1) of the Act;”.
After the definition of the “nearest relative” insert:—
““nominated person” means a person who has for the time being the functions under the Act of the nominated person of an individual who is detained under the Act in circumstances amounting to a deprivation of liberty;”.
After the definition of “the Order” insert:—
““other detained person” means an individual who is detained under the Act, but not the Order, in circumstances amounting to a deprivation of liberty;”.
For the definition of “party” substitute:—
““party” means any person who, as the case may be: —
- (a)
has brought an application under the Order or Act;
- (b)
is a person to whom the application under the Order or Act relates;
- (c)
has been given notice of the proceedings under these Rules;
- (d)
has been added as a party by the direction of the tribunal;”.
In the definition of “private guardian” omit “in relation to a patient”.
In the definition of “proceedings” omit “following an application or reference in relation to a patient”.
After the definition of “provisional decision” insert:—
““qualifying person” means a person or authority mentioned in section 80(5) of the Act, apart from an attorney under a lasting power of attorney or a deputy appointed by the court;”.
In the definition of “reference”:—
in paragraph (b), after “the Order” insert “or section 47(2) or 48(1) of the Act”;
after paragraph (c), insert:—
“(ca)in relation to rule 29A, a reference by any of the persons or bodies mentioned in section 47(2) of the Act;”; and
in paragraph (d), after “the Order” insert “or section 48(1) of the Act”.
After the definition of “reference” insert:—
““2019 Regulations” means the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019f2;
“relevant HSC Trust” means the HSC Trust responsible for the care or treatment of a person who is detained under the Act, but not the Order, in circumstances amounting to a deprivation of liberty;”.
For the definition of “responsible Board” substitute:—
““responsible authority” has the meaning assigned to it by Article 2(2) of the Order;”.
After the definition of “responsible Board” insert:—
““responsible body” means, as the case may be:—
- (a)
the responsible authority;
- (b)
the relevant HSC Trust;
- (c)
if a privately funded person is detained under the Act in a private facility, the managing authority of that facility;”.
In the definition of “the tribunal” omit “Mental Health”.
Annotations
Footnotes
- f1
- f2