SCHEDULES

SCHEDULE 11Mental capacity: Northern Ireland

PART 2Modifications of the Mental Capacity Act (Northern Ireland) 2016

8Consultation required before such a report is made

1

Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a report under paragraph 2 of Schedule 2 only if the person has consulted an approved social worker) has effect as if for “only if the person has consulted an approved social worker.” there were substituted

only if—

a

the person has consulted an approved social worker, or

b

the person considers that it is impractical or would involve undesirable delay to consult an approved social worker, the person has consulted a relevant social worker.

2

A person who in relation to the person’s proposal to make a report under paragraph 2 of Schedule 2—

a

is of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)), and

b

is proposing to consult a relevant social worker in reliance on that paragraph,

must inform P, and where practicable P’s nominated person, of those facts.

3

A report by a person under paragraph 2 of Schedule 2 who has consulted in reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph (1)) must be accompanied by a written statement complying with sub-paragraphs (4) and (5).

4

The statement must specify—

a

that the person was of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)) and accordingly consulted a relevant social worker;

b

that the person has informed P as referred to in sub-paragraph (2);

c

whether the person has informed P’s nominated person as referred to in sub-paragraph (2), and if not, the reasons why it was not practicable to do so.

5

The statement must contain a summary of the views (if any) expressed by P and P’s nominated person.

6

In this paragraph a “relevant social worker” means a person (other than an approved social worker), who—

a

is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001, and

b

appears to the person proposing to make the report to have at least 5 years’ experience within the 10 years immediately preceding the day on which the report is proposed to be made of working as a social worker in relation to persons who lack capacity; and for this purpose the period of 5 years need not be a single period, or continuous periods, of such experience.