C1C2PART IINTRODUCTORY

Annotations:
Modifications etc. (not altering text)

F1General provisions about patients under 16

Annotations:
Amendments (Textual)
F1

Arts. 3A-3D and cross-heading inserted (2.12.2019 for specified purposes) (but omit until "In-patients under 16: duties of hospital managers") by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2)

Independent Advocates3C

1

The Department must make regulations about independent advocates.

2

An “independent advocate” means a person who has been appointed by an HSC trust, in accordance with the regulations, to be a person to whom the trust may from time to time offer instructions to represent and provide support to a patient who is under 16 in relation to matters specified in the instructions.

3

The regulations may in particular—

a

require HSC trusts to make arrangements for the purpose of ensuring that independent advocates are available to be instructed;

b

make provision about such arrangements (including provision providing that a person may be appointed as mentioned in paragraph (2) only if the person meets prescribed conditions);

c

make provision for the purpose of securing the independence of independent advocates;

d

make provision in relation to the instruction of independent advocates (including provision permitting or requiring a prescribed person, in prescribed circumstances, to request an HSC trust to instruct an independent advocate);

e

make provision about the functions of independent advocates.

4

The conditions that may be prescribed by virtue of paragraph (3)(b) include—

a

a condition that the person is approved, or belongs to a description of persons approved, in accordance with the regulations;

b

a condition that the person has prescribed qualifications or skills or has undertaken prescribed training.

5

The regulations must make provision for the purpose of securing that, except in prescribed circumstances, an independent advocate is instructed—

a

where a patient under 16 is admitted to a hospital (whether under Part 2 or otherwise) for the assessment or treatment of mental disorder; or

b

where it is proposed to give a patient under 16 a form of medical treatment to which Article 63 or 63B applies.

6

The regulations may apply, or make provision corresponding to, any provision within paragraph (7) (with or without modifications).

7

The provisions are—

a

any provision of Part 4 of the 2016 Act;

b

any provision of regulations made under that Part;

c

any provision that could be made by regulations under that Part.