Search Legislation

Mental Capacity Act (Northern Ireland) 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Interim authorisations

 Help about opening options

Version Superseded: 25/03/2022

Alternative versions:

Status:

Point in time view as at 02/04/2020.

Changes to legislation:

Mental Capacity Act (Northern Ireland) 2016, Cross Heading: Interim authorisations is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Interim authorisationsN.I.

20—(1) If at any time before the end of the period mentioned in paragraph 19(2) the panel considers—N.I.

(a)that it will not be possible within that period to decide whether the criteria for authorisation are met in respect of a measure proposed in the application, but

(b)that there is a good prospect of it being established that the criteria for authorisation are met in respect of the measure,

the panel may grant an interim authorisation.

(2) The power of the panel to grant an interim authorisation is power to grant an authorisation which—

(a)does as mentioned in paragraph 15(1)(a); but

(b)is expressed to have effect only until the end of the period of [F128 days] [F156 days] beginning with the date on which the interim authorisation is granted.

(3) Accordingly, an interim authorisation—

(a)takes effect from the time when the authorisation is granted; and

(b)expires (unless previously revoked) at the end of the period of [F228 days] [F256 days] beginning with the date on which it is granted.

(4) Paragraphs 15(2), (3) and (7) and 16 to 18 apply in relation to an interim authorisation as they apply in relation to an authorisation under paragraph 15.

(5) Where the panel grants an interim authorisation in relation to an application under this Schedule—

(a)the period within which the panel must grant or refuse an authorisation under paragraph 15 in respect of the application is [F328 days] [F356 days] beginning with the date on which the interim authorisation is granted; and

(b)the grant or refusal of an authorisation under paragraph 15 in respect of the application revokes the interim authorisation.

(6) As soon as practicable after granting an interim authorisation, the panel must give written notice of the grant, and any prescribed information, to P and any prescribed person.

(7) Regulations under sub-paragraph (6) must ensure that the Attorney General is given notice in any case where—

(a)the panel grants an interim authorisation that authorises a measure within paragraph 2(2)(b) or (d) (deprivation of liberty or community residence requirement); and

(b)the application under this Schedule contained the statement mentioned in paragraph 6(2) (statement that P lacks, or probably lacks, capacity in relation to making of Tribunal application).

Textual Amendments

F1Words in Sch. 1 para. 20(2)(b) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 5 (with ss. 88-90, Sch. 11 paras. 2, 20); S.R. 2020/58, art. 2(e)

F2Words in Sch. 1 para. 20(3)(b) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 5 (with ss. 88-90, Sch. 11 paras. 2, 20); S.R. 2020/58, art. 2(e)

F3Words in Sch. 1 para. 20(5)(a) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 5 (with ss. 88-90, Sch. 11 paras. 2, 20); S.R. 2020/58, art. 2(e)

Commencement Information

I1Sch. 1 para. 20 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?