# The Victims' Payments Regulations 2020, Regulation 49: Duty to notify the Public Guardian

Extent: N.I.

(1) Where a health care professional, after carrying out an assessment of a person, is satisfied—
(a) that the person lacks capacity in relation to a matter or matters relating to that person's care, treatment, personal welfare or property and affairs;
(b) that any of the powers of the court under section 113 of the Mental Capacity Act (Northern Ireland) 2016 ought to be exercised with respect of a relevant matter, and
(c) that arrangements in that behalf under section 113 of that Act have not been made and are not being made; it is the duty of the health care professional to notify the Public Guardian of the situation.
(2) In this regulation—
“lacks capacity” has the meaning given by section 3 of the Mental Capacity Act (Northern Ireland) 2016;
“Public Guardian” has the meaning given by section 125 of that Act (the Public Guardian).
(3) Until section 128 of the Mental Capacity Act (Northern Ireland) 2016 (duty to notify the Public Guardian) is in force for all purposes, this regulation has effect as if for paragraphs (1) and (2) there were substituted—
“(1) Where a health care professional, after carrying out an assessment of a person, is satisfied—
(a) that the person by reason of mental disorder, is incapable of managing and administering their property and affairs;
(b) that any of the powers of the court under Article 98 or 99 of the Mental Health (Northern Ireland) Order 1986 ought to be exercised with respect to the property or affairs of that person;
(a) that arrangements in that behalf have not been made and are not being made, it is the duty of the health care professional to notify the Office of Care and Protection of those matters.
(2) In this regulation—
“mental disorder” has the meaning given in article 3 of the Mental Health (Northern Ireland) Order 1986;
“Office of Care and Protection” means the Office of Care and Protection of the Supreme Court of Judicature of Northern Ireland.”.

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Source: https://www.legislation.gov.uk/uksi/2020/103/regulation/49 (the official version)
Page: https://openlegislation.uk/victims-payments-regulations-2020/regulation-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.