OpenLegislation

Article 3 Amendment of the 1986 Rules

Original text. Later amendments are not shown.

(1)

Rule 2 of the 1986 Rules is amended as follows.

(2)

Before the definition of “the Board’s statement” insert:—

  • ““the Act” means the Mental Capacity Act (Northern Ireland) 2016f1;”.

(3)

In the definition of “the Board’s statement” for “responsible Board” substitute “responsible authority or relevant HSC Trust”.

(4)

After the definition of “decision with recommendations” insert:—

  • ““delivered” includes delivered by electronic mail;”.

(5)

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;”.

(6)

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;”.

(7)

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;”.

(8)

For the definition of “party” substitute:—

  • ““party” means any person who, as the case may be: —

    1. (a)

      has brought an application under the Order or Act;

    2. (b)

      is a person to whom the application under the Order or Act relates;

    3. (c)

      has been given notice of the proceedings under these Rules;

    4. (d)

      has been added as a party by the direction of the tribunal;”.

(9)

In the definition of “private guardian” omit “in relation to a patient”.

(10)

In the definition of “proceedings” omit “following an application or reference in relation to a patient”.

(11)

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;”.

(12)

In the definition of “reference”:—

(a)

in paragraph (b), after “the Order” insert “or section 47(2) or 48(1) of the Act”;

(b)

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

(c)

in paragraph (d), after “the Order” insert “or section 48(1) of the Act”.

(13)

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;”.

(14)

For the definition of “responsible Board” substitute:—

  • ““responsible authority” has the meaning assigned to it by Article 2(2) of the Order;”.

(15)

After the definition of “responsible Board” insert:—

  • ““responsible body” means, as the case may be:—

    1. (a)

      the responsible authority;

    2. (b)

      the relevant HSC Trust;

    3. (c)

      if a privately funded person is detained under the Act in a private facility, the managing authority of that facility;”.

(16)

In the definition of “the tribunal” omit “Mental Health”.

Annotations

Footnotes

f1

2016 c.18.

f2

S.R. 2019/199.