Mental Capacity Act (Northern Ireland) 2016

1. Introductory Text

2. PART 1 PRINCIPLES

   1. Principles

      1. 1. Principles: capacity

      2. 2. Principle: best interests

   2. Establishing whether a person has capacity

      1. 3. Meaning of “lacks capacity”

      2. 4. Meaning of “unable to make a decision”

      3. 5. Supporting person to make decision

      4. 6. Compliance with section 1(2)

   3. Establishing what is in a person's best interests

      1. 7. Best interests

      2. 8. Compliance with section 2

3. PART 2 LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

   1. CHAPTER 1 PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS

      1. 9. Protection from liability for acts in best interests of person lacking capacity

      2. 10. General limitations on section 9

      3. 11. Advance decisions: effect on section 9

      4. 12. Acts of restraint: condition that must be met

   2. CHAPTER 2 ADDITIONAL SAFEGUARDS FOR SERIOUS INTERVENTIONS

      1. Formal capacity assessments etc

         1. 13. Formal assessment of capacity

         2. 14. Section 13: formal capacity assessments and statements of incapacity

      2. Nominated persons

         1. 15. Nominated person: need to have in place and consult

   3. CHAPTER 3 ADDITIONAL SAFEGUARD: SECOND OPINION

      1. 16. Second opinion needed for certain treatment

      2. 17. Second opinion needed for continuation of medication

      3. 18. Second opinion: relevant certificates

   4. CHAPTER 4 ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC

      1. Treatment with serious consequences

         1. 19. Treatment with serious consequences: objection from nominated person

         2. 20. Treatment with serious consequences: resistance by P etc

         3. 21. Meaning of “treatment with serious consequences”

         4. 22. Sections 19 and 20: the prevention of serious harm condition

         5. 23. Meaning of “subject to an additional measure”

      2. Deprivation of liberty

         1. 24. Deprivation of liberty

         2. 25. Section 24: definitions

         3. 26. Taking person to a place for deprivation of liberty

         4. 27. Permission for absence

      3. Requirements to attend for treatment with serious consequences

         1. 28. Requirements to attend for certain treatment

         2. 29. Duty to revoke requirement where criteria no longer met

      4. Community residence requirements

         1. 30. Community residence requirements: authorisation etc

         2. 31. Meaning of “community residence requirement”

         3. 32. Duty to revoke community residence requirement where criteria no longer met

         4. 33. Duties in relation to people subject to community residence requirements

         5. 34. Community residence requirements: further provision

   5. CHAPTER 5 ADDITIONAL SAFEGUARD: INDEPENDENT MENTAL CAPACITY ADVOCATE

      1. 35. Independent mental capacity advocate: need to have in place and consult

      2. 36. Section 35: relevant acts

   6. CHAPTER 6 EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS

      1. Extensions of period of authorisation

         1. 37. First extension of period of authorisation

         2. 38. Subsequent extensions

         3. 39. Sections 37 and 38: extension reports

         4. 40. Extension of period where responsible person not of the requisite opinion

      2. Supplementary provisions about extension

         1. 41. Meaning of “measure”, “authorised measure” and “the criteria for continuation”

         2. 42. Meaning of “the responsible person”

         3. 43. Extension reports: further provision

         4. 44. Effect of extension on authorisation where authorised measure unused etc

   7. CHAPTER 7 RIGHTS OF REVIEW OF AUTHORISATION

      1. Applications to the Tribunal

         1. 45. Right to apply to Tribunal

         2. 46. Applications: visiting and examination

      2. References to the Tribunal

         1. 47. Power of certain persons to refer case to Tribunal

         2. 48. Duty of HSC trust to refer case to Tribunal

         3. 49. References etc to Tribunal: persons formerly detained under the Mental Health Order

         4. 50. Duty of HSC trust to notify the Attorney General

      3. Powers of the Tribunal

         1. 51. Powers of Tribunal in relation to authorisation under Schedule 1

         2. 52. Powers of Tribunal in relation to authorisation under Schedule 2

         3. 53. Sections 51 and 52: additional powers of Tribunal

   8. CHAPTER 8 SUPPLEMENTARY

      1. Medical reports: involvement of nominated person and independent mental capacity advocate

         1. 54. Medical reports: involvement of nominated person

         2. 55. Medical reports: involvement of independent mental capacty advocate

         3. 56. Sections 54 and 55: meaning of “emergency”

      2. Provision of information

         1. 57. Provision of information

         2. 58. Ways in which information must be provided

      3. Other supplementary provision

         1. 59. Failure by person other than D to take certain steps

         2. 60. Part 2 not applicable where other authority for act

         3. 61. Power to make further provision

      4. Disregard of certain detention

         1. 62. Disregard of certain detention

   9. CHAPTER 9 DEFINITIONS FOR PURPOSES OF PART 2

      1. Meaning of “serious intervention”

         1. 63. “Serious intervention”

         2. 64. Acts that are “part of” serious interventions

      2. Meaning of “emergency”

         1. 65. Meaning of “emergency” in relation to safeguard provisions

         2. 66. Section 65: definitions etc

         3. 67. Failure by persons other than D to take steps to ensure safeguard met

      3. Other definitions for purposes of Part 2

         1. 68. Interpretation of Part 2: general

4. PART 3 NOMINATED PERSON

   1. Nominated person

      1. 69. Nominated person

   2. Appointment by person of his or her nominated person

      1. 70. Appointment of nominated person

      2. 71. Revocation of appointment

      3. 72. Resignation

   3. Default nominated person

      1. 73. Default nominated person

      2. 74. Section 73: the list

      3. 75. Section 73: persons to be disregarded

      4. 76. Section 73: meaning of “carer”

   4. Declarations etc

      1. 77. Declaration that particular person not to be nominated person

      2. 78. Notice declining to be a person's nominated person

   5. Formalities

      1. 79. Formalities for documents under Part 3

   6. Powers of the Tribunal

      1. 80. Application to Tribunal for appointment of nominated person

      2. 81. Tribunal's power to appoint nominated person

      3. 82. Tribunal's power to disqualify person from being default nominated person

      4. 83. Revocation of Tribunal's appointment where P regains capacity

   7. Duties in relation to nominated person

      1. 84. Duties in relation to nominated person: supplementary

      2. 85. Determining who is nominated person

5. PART 4 INDEPENDENT MENTAL CAPACITY ADVOCATES

   1. Independent mental capacity advocates

      1. 86. Independent mental capacity advocates

      2. 87. Functions of independent mental capacity advocates: provision of support, etc

   2. Procedure for ensuring that an independent mental capacity advocate is instructed

      1. 88. Request for independent mental capacity advocate to be instructed

      2. 89. Steps to be taken before independent mental capacity advocate may be requested

      3. 90. Right to declare that no independent mental capacity advocate to be instructed

      4. 91. Instruction of independent mental capacity advocate

      5. 92. Powers of independent mental capacity advocates

   3. Procedure after instruction of independent mental capacity advocate

      1. 93. Right of person to discontinue involvement of independent mental capacity advocate

      2. 94. Continuing duty of trust in relation to independent mental capacity advocate

   4. Formalities

      1. 95. Formalities for declarations under Part 4

   5. Power to adjust role of independent mental capacity advocates

      1. 96. Power to adjust role of independent mental capacity advocates

6. PART 5 LASTING POWERS OF ATTORNEY

   1. Creation of lasting power of attorney

      1. 97. Lasting powers of attorney

   2. Scope of lasting power of attorney

      1. 98. Restrictions on scope of lasting power of attorney

      2. 99. Relationship between advance decisions and lasting powers of attorney

      3. 100. Scope of lasting powers of attorney: gifts

   3. Appointment of attorneys and replacements

      1. 101. Appointment of attorneys: requirements as respects attorneys

      2. 102. Appointment of two or more attorneys

      3. 103. Appointment of replacement attorneys

      4. 104. Appointment of two or more replacements for a single initial appointee

      5. 105. Replacement attorneys: position where two or more initial appointees

      6. 106. Revocation of lasting power etc by donor or on donor's bankruptcy

      7. 107. Revocation etc: events relating to the attorney

   4. Protection of attorney and others

      1. 108. Protection of attorney and others if no power created or power revoked

      2. 109. Reliance on authority of attorney in relation to treatment etc

   5. Powers of the court

      1. 110. Powers of court as to lasting powers of attorney

      2. 111. Powers of court as to operation of lasting powers of attorney

7. PART 6 HIGH COURT POWERS: DECISIONS AND DEPUTIES

   1. Declarations

      1. 112. The court's power to make declarations

   2. Decisions and deputies

      1. 113. The court's powers to make decisions and appoint deputies: general

      2. 114. Section 113 powers: care, treatment and personal welfare

      3. 115. Section 113 powers: property and affairs

      4. 116. Appointment of deputies

      5. 117. Restrictions on deputies

      6. 118. Reliance on authority of deputy in relation to treatment etc

   3. Ancillary powers of the court

      1. 119. Interim orders and directions

      2. 120. Power to call for reports

      3. 121. Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)

   4. Practice and procedure

      1. 122. Applications to the court

      2. 123. Duty to notify Attorney General

      3. 124. Rules of court

8. PART 7 PUBLIC GUARDIAN AND COURT VISITORS

   1. Public Guardian

      1. 125. The Public Guardian

      2. 126. Functions of the Public Guardian

      3. 127. Further powers of the Public Guardian

      4. 128. Duty to notify the Public Guardian

      5. 129. Notifications under section 128: procedure and effect

   2. Court Visitors

      1. 130. Court Visitors

      2. 131. Powers of Court Visitors

9. PART 8 RESEARCH

   1. Approved research projects

      1. 132. Research

      2. 133. Section 132: exception for clinical trials

      3. 134. Approval of research projects

      4. 135. Requirement to consult nominated person, carer etc

      5. 136. Section 135: exception for urgent treatment

      6. 137. Additional safeguards

   2. Transitional cases

      1. 138. Loss of capacity during research project: transitional cases

10. PART 9 POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY

    1. Power of police to remove person from public place to place of safety

       1. 139. Power of police to remove person from public place to place of safety

       2. 140. Information to be given on removal

       3. 141. Search of person on exercise of power to remove

    2. Powers of police to detain person removed from public place

       1. 142. Power of police to detain in hospital a person removed from a public place

       2. 143. Power to detain in police station a person removed from a public place

       3. 144. Sections 142 and 143: the detention conditions

       4. 145. Transfer from one place of safety to another

       5. 146. Maximum period of detention under Part 9

    3. Duties and powers of police where person removed to place of safety

       1. 147. Duty to inform certain persons where power of removal or transfer used

       2. 148. Section 147: meaning of “the required information” etc

       3. 149. Record of detention to be kept

       4. 150. Responsibilities of the appropriate officer

       5. 151. Review of detention

       6. 152. Access to legal advice

       7. 153. Searches of person following removal to place of safety

       8. 154. Searches and examination to ascertain identity

       9. 155. Intimate searches

       10. 156. Annual records

    4. Supplementary

       1. 157. Principles applying for purposes of Part 9

       2. 158. Reasonable belief etc

       3. 159. Power of constable to use reasonable force

       4. 160. Definitions for purposes of Part 9

       5. 161. Relationship of Part 9 to other provisions

11. PART 10 CRIMINAL JUSTICE

    1. CHAPTER 1 REMAND TO HOSPITAL

       1. 162. Remand to hospital

       2. 163. Section 162: meaning of “an accused person”

       3. 164. Section 162: the medical report condition

       4. 165. Section 162: the treatment condition

       5. 166. Effect of remand to hospital

    2. CHAPTER 2 POWERS OF COURT ON CONVICTION

       1. Public protection orders with and without restrictions

          1. 167. Public protection orders with and without restrictions

          2. 168. Section 167: the detention conditions

          3. 169. Section 167: the restriction condition

          4. 170. Further provision about making of public protection orders

          5. 171. Effect of public protection orders

          6. 172. Power to direct the ending of restrictions under a public protection order

          7. 173. Effect of ending of restrictions under a public protection order

       2. Hospital directions

          1. 174. Hospital direction when passing custodial sentence

          2. 175. Conditions for giving hospital direction

          3. 176. Effect of hospital directions

       3. Interim detention orders

          1. 177. Interim detention orders

          2. 178. Effect of interim detention orders

    3. CHAPTER 3 DETENTION UNDER A PUBLIC PROTECTION ORDER WITHOUT RESTRICTIONS

       1. Detention and discharge

          1. 179. Detention under a public protection order without restrictions

          2. 180. Discharge from detention by responsible medical practitioner

       2. Extension of the period of an order

          1. 181. First extension of period of order

          2. 182. Subsequent extensions

          3. 183. Sections 181 and 182: extension reports

          4. 184. Extension of period where responsible person not of the requisite opinion

          5. 185. The criteria for continuation

          6. 186. Extension reports: further provision

       3. Permission for absence and transfers

          1. 187. Permission for absence

          2. 188. Transfers between hospitals etc

       4. Effect of custodial sentence

          1. 189. Effect of custodial sentence

    4. CHAPTER 4 DETENTION UNDER A PUBLIC PROTECTION ORDER WITH RESTRICTIONS

       1. 190. Detention under a public protection order with restrictions

       2. 191. Discharge from detention by Department of Justice

       3. 192. Power to recall person who has been conditionally discharged

       4. 193. Reports by responsible medical practitioner

       5. 194. Direction for person to attend for purposes of justice etc

       6. 195. Permission for absence

       7. 196. Transfers between hospitals etc

    5. CHAPTER 5 DETENTION UNDER A HOSPITAL DIRECTION

       1. 197. Detention under a hospital direction

       2. 198. Termination of hospital directions

       3. 199. Section 198: meaning of “release date”

       4. 200. Duties and powers to release from detention

       5. 201. Reports by responsible medical practitioner

       6. 202. Permission for absence etc

       7. 203. Transfers between hospitals

    6. CHAPTER 6 UNFITNESS TO BE TRIED ETC

       1. Procedure during trial on indictment

          1. 204. Procedure where question of fitness to be tried arises

          2. 205. Finding that the accused did the act or made the omission charged

          3. 206. Procedure in relation to finding of insanity

          4. 207. Powers to deal with person unfit to be tried or not guilty by reason of insanity

          5. 208. Remission for trial where person no longer unfit to be tried

       2. Procedure of court of summary jurisdiction

          1. 209. Power to make order where the accused did the act or made the omission charged

       3. Restraining orders

          1. 210. Power to make restraining order following finding of unfitness to plead etc

    7. CHAPTER 7 TRANSFER FROM PRISON ETC TO HOSPITAL

       1. Persons serving custodial sentences etc

          1. 211. Power to transfer person serving custodial sentence etc to hospital

          2. 212. Conditions for transfer under section 211

          3. 213. Effect of transfer under section 211

       2. Civil prisoners and immigration detainees

          1. 214. Transfer of civil prisoner or immigration detainee to hospital

          2. 215. Detention in hospital on removal under section 214

          3. 216. Termination of direction under section 214

       3. Persons remanded in custody by magistrates' court

          1. 217. Transfer to hospital of person remanded by magistrates' court

          2. 218. Detention in hospital on removal under section 217

          3. 219. Termination of direction under section 217 etc

       4. Other detainees

          1. 220. Transfer of certain other detainees to hospital

          2. 221. Detention in hospital on removal under section 220

          3. 222. Termination of direction under section 220

       5. Conditions for transfer to hospital under section 214, 217 or 220

          1. 223. Conditions for transfer to hospital under section 214, 217 or 220

       6. General provisions about hospital transfer directions

          1. 224. General provisions about hospital transfer directions

    8. CHAPTER 8 RIGHTS OF REVIEW OF DETENTION UNDER PART 10

       1. Applications and references to Tribunal: general

          1. 225. Right to apply to Tribunal

          2. 226. Meaning of “a qualifying person”

          3. 227. Applications: visiting and examination

          4. 228. Power of certain persons to refer case to Tribunal

          5. 229. Duty of HSC trust to refer case to Tribunal

          6. 230. Duty to notify the Attorney General

       2. Powers of Tribunal as to public protection orders

          1. 231. Powers of Tribunal as to public protection order without restrictions

          2. 232. Powers of Tribunal as to public protection order with restrictions

          3. 233. Sections 231 and 232: the prevention of serious harm condition

          4. 234. Sections 231 and 232: additional powers of Tribunal etc

       3. Effect of conditional discharge from public protection order with restrictions

          1. 235. Effect of conditional discharge

          2. 236. Applications and references to Tribunal where person recalled

          3. 237. Applications to Tribunal where person has not been recalled

       4. Powers of Tribunal as to hospital directions and hospital transfer directions

          1. 238. Powers of Tribunal as to hospital directions and hospital transfer directions

          2. 239. Section 238: additional powers of Tribunal

          3. 240. Section 238: procedure where prevention of serious harm condition is not met

    9. CHAPTER 9 SUPPLEMENTARY

       1. Provision of information

          1. 241. Provision of information

          2. 242. Ways in which information must be provided

       2. Detention under Part 10: further provision

          1. 243. Section 20 may apply to person detained under Part 10

          2. 244. Absence without permission

          3. 245. Effect of court order or direction on previous authority for hospital detention

       3. Appeals

          1. 246. Appeals: general

          2. 247. Appeals against orders made on finding of unfitness to be tried etc

          3. 248. Hospital directions: cases stated by magistrates' courts

       4. Other supplementary provision

          1. 249. Requirements as to written evidence

          2. 250. Interpretation of Part 10: children

          3. 251. Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain

          4. 252. Interpretation of Part 10: references to disorder

          5. 253. Interpretation of Part 10: general

12. PART 11 TRANSFER BETWEEN JURISDICTIONS

    1. CHAPTER 1 REMOVAL OF PERSONS FROM NORTHERN IRELAND

       1. Removal to other parts of UK of persons detained under Part 2

          1. 254. Removal of persons detained under Part 2 to England or Wales

          2. 255. Removal of persons detained under Part 2 to Scotland

       2. Removal to other parts of UK of persons detained under Part 10

          1. 256. Removal of certain persons detained under Part 10 to England or Wales

          2. 257. Removal of certain persons detained under Part 10 to Scotland

    2. CHAPTER 2 PERSONS REMOVED FROM ENGLAND, WALES OR SCOTLAND TO NORTHERN IRELAND

       1. Persons to be detained under Part 2

          1. 258. Persons to be detained under Part 2 after removal from England or Wales

          2. 259. Persons to be detained under Part 2 after removal from Scotland

       2. Persons to be detained under Part 10

          1. 260. Persons to be detained under Part 10 after removal from England or Wales

          2. 261. Persons to be detained under Part 10 after removal from Scotland

    3. CHAPTER 3 SUPPLEMENTARY

       1. 262. Removal or transfer from Northern Ireland: power to make further provision

       2. 263. Persons removed or transferred to Northern Ireland: power to make further provision

       3. 264. Interpretation of Part 11

13. PART 12 CHILDREN

    1. 265. In-patients under 18: duties of hospital managers

    2. 266. Amendments of Mental Health Order: children etc

14. PART 13 OFFENCES

    1. 267. Ill-treatment or neglect

    2. 268. Forgery, false statements etc

    3. 269. Unlawful detention of persons lacking capacity etc

    4. 270. Assisting persons to absent themselves without permission

    5. 271. Assisting breach of community residence requirement

    6. 272. Obstruction

    7. 273. Offences by bodies corporate

15. PART 14 MISCELLANEOUS

    1. The Review Tribunal

       1. 274. Renaming of Mental Health Review Tribunal

       2. 275. Visiting etc powers of medical practitioners in connection with the Tribunal

    2. Expenditure etc

       1. 276. Power to make regulations about dealing with money and valuables

       2. 277. Contravention of regulations under section 276(2)

       3. 278. Expenditure

       4. 279. Payment for necessary goods and services

    3. Miscellaneous functions of HSC trusts

       1. 280. Appointment of approved social workers

       2. 281. Miscellaneous functions of HSC trusts

    4. Direct payments in place of provision of care services

       1. 282. Direct payments in place of provision of care services

    5. International protection of adults

       1. 283. International protection of adults

    6. Advance decisions to refuse treatment

       1. 284. Review of law relating to advance decisions

    7. Matters excluded from Act

       1. 285. Family relationships etc

       2. 286. Voting rights

    8. Declaratory provision

       1. 287. Relationship of Act with law relating to murder etc

16. PART 15 SUPPLEMENTARY

    1. Codes of practice

       1. 288. Codes of practice

       2. 289. Effect of code

    2. Provision of information and facilities

       1. 290. Provision of information by HSC trusts and the Department

       2. 291. Provision of facilities by HSC trusts and the Department

    3. Warrants

       1. 292. Warrants

       2. 293. Warrants: persons liable to be detained under 1983 Act or 2005 Order

    4. Custody, detention etc

       1. 294. Provisions as to custody, detention etc

       2. 295. Retaking of persons escaping from legal custody

    5. Special accommodation

       1. 296. Special accommodation

    6. Panels

       1. 297. Panels constituted to decide applications: general provision

    7. Protection from proceedings

       1. 298. Protection for acts done in pursuance of Part 9 or 10

    8. Other supplementary provision

       1. 299. Risk of serious physical harm to others

       2. 300. Medical practitioners who may make certain medical reports

       3. 301. Documents appearing to be duly made

       4. 302. Regulations

       5. 303. Consequential amendments and repeals

    9. Definitions

       1. 304. Persons “unconnected with” a person

       2. 305. Meaning of “mental disorder”

       3. 306. Definitions for purposes of Act

    10. Final provisions

        1. 307. Commencement etc

        2. 308. Short title

17. SCHEDULES

    1. SCHEDULE 1

       Authorisation by panel of certain serious interventions

       1. Part 1 Preliminary

          1. 1. (1) In this Schedule— “appropriate care or treatment”, in relation...

       2. Part 2 Applications for authorisation

          1. Applications for authorisation

             1. 2. (1) An application under this Schedule may be made where...

          2. Applications: supplementary

             1. 3. (1) An application may not be made for authorisation of...

          3. Paragraph 2: meaning of “relevant treatment”

             1. 4. For the purposes of paragraph 2 treatment which is proposed...

          4. Who may make application

             1. 5. (1) Any application under this Schedule must be made by...

          5. Contents of application

             1. 6. (1) An application under this Schedule must—

          6. Medical report

             1. 7. (1) The medical report must be in the prescribed form...

          7. Care plan

             1. 8. The care plan must be in the prescribed form and...

       3. Part 3 The criteria for authorisation

          1. Criteria for treatment

             1. 9. (1) In relation to the provision to P of particular...

          2. Criteria for detention amounting to deprivation of liberty

             1. 10. In relation to detention of P in a place in...

          3. Criteria for requirement to attend for treatment

             1. 11. In relation to the imposition on P of a requirement...

          4. Criteria for community residence requirement

             1. 12. In relation to the imposition on P of a community...

          5. Measures proposed to be carried out only if particular circumstances arise

             1. 13. In applying the criteria in this Part of this Schedule...

       4. Part 4 Decision on application

          1. Panel to consider application

             1. 14. (1) Where the relevant trust receives an application duly made...

          2. Decision on application

             1. 15. (1) Having considered the application, the panel must—

          3. Specifying detention amounting to deprivation of liberty

             1. 16. (1) This paragraph applies where an authorisation under paragraph 15...

          4. Specifying requirement to attend for treatment

             1. 17. Where an authorisation under paragraph 15 authorises the imposition on...

          5. Specifying community residence requirement

             1. 18. (1) This paragraph applies where an authorisation under paragraph 15...

          6. Time limit for panel's decision, and duty to notify decision

             1. 19. (1) The panel must comply with paragraph 15(1) as soon...

          7. Interim authorisations

             1. 20. (1) If at any time before the end of the...

       5. Part 5 Matters covered by authorisation etc

          1. Treatment: what is covered by authorisation

             1. 21. (1) Sub-paragraph (2) applies where an authorisation under this Schedule...

          2. Detention: what is covered by authorisation

             1. 22. (1) This paragraph applies where an authorisation under this Schedule...

          3. Effect of discharge from detention

             1. 23. (1) Where— (a) an authorisation under this Schedule authorises the...

          4. Power to vary or revoke requirements etc imposed under authorisation

             1. 24. Any power conferred by virtue of an authorisation under this...

          5. Effect of authorisation on previous authorisations

             1. 25. (1) The grant of an interim authorisation under this Schedule...

             2. 26. (1) The grant of an authorisation under paragraph 15 (“the...

          6. Relationship with other conditions

             1. 27. For the avoidance of doubt, the fact that a particular...

    2. SCHEDULE 2

       Authorisation of short-term detention in hospital for examination etc

       1. Part 1 Preliminary

          1. 1. (1) In this Schedule— “the criteria for authorisation” has the...

       2. Part 2 The authorisation

          1. Authorisation of detention in hospital for examination etc

             1. 2. (1) The detention of a person in a hospital in...

          2. Who may make a report under paragraph 2

             1. 3. (1) In paragraph 2 “an appropriate healthcare professional” means a...

          3. Medical report

             1. 4. (1) The medical report included in a report under paragraph...

          4. Consultation required before report authorising detention is made

             1. 5. A person may make a report under paragraph 2 only...

             2. 6. (1) Where— (a) it is proposed to make a report...

          5. Information to be given where report authorising detention is made

             1. 7. (1) Where a report under paragraph 2 is made, the...

          6. Duration of authorisation: preliminary

             1. 8. (1) An authorisation granted by the making of a report...

       3. Part 3 Events terminating the authorisation

          1. Expiry where failure to admit P within period required

             1. 9. (1) If— (a) at the time when a report under...

          2. Expiry where failure to give P certain information

             1. 10. (1) This paragraph applies if— (a) pursuant to a report...

          3. Expiry where failure to examine and report on P on admission

             1. 11. (1) This paragraph applies where— (a) pursuant to a report...

          4. The condition for detention

             1. 12. (1) This paragraph applies for the purposes of paragraphs 11,...

          5. Expiry where no examination and report by suitable medical practitioner within required time

             1. 13. (1) This paragraph applies where— (a) a report under paragraph...

          6. Expiry where no further examination and report on P within 14 days

             1. 14. (1) This paragraph applies where— (a) either of the following...

          7. Expiry 14 days after date of further report

             1. 15. (1) This paragraph applies where a report under paragraph 14...

          8. Discharge

             1. 16. (1) If— (a) pursuant to a report under paragraph 2,...

          9. Unreasonable delay in taking certain steps

             1. 17. (1) If— (a) pursuant to a report under paragraph 2,...

       4. Part 4 Supplementary provisions

          1. Detention covered by authorisation

             1. 18. (1) This paragraph applies where a report is made under...

          2. Relationship with other conditions

             1. 19. For the avoidance of doubt, the fact that a particular...

          3. Rectification of reports: correction of administrative errors

             1. 20. (1) Where a report under this Schedule is incorrect or...

          4. Rectification of reports: substitution of medical reports

             1. 21. (1) This paragraph applies where— (a) a report under paragraph...

             2. 22. (1) This paragraph applies where— (a) a report under paragraph...

    3. SCHEDULE 3

       Extension by panel of period of authorisation

       1. Preliminary

          1. 1. In this Schedule— “authorisation” is defined by section 37; “authorised...

       2. Applications for extension

          1. 2. (1) An application under this Schedule may be made where—...

       3. Who may make application

          1. 3. (1) Any application under this Schedule must be made by...

       4. Contents of application

          1. 4. (1) An application under this Schedule must—

       5. Medical report

          1. 5. (1) The medical report must be in the prescribed form...

       6. Care plan

          1. 6. The care plan must be in the prescribed form and...

       7. Panel to consider application

          1. 7. (1) Where the relevant trust receives an application duly made...

       8. Decision on application

          1. 8. (1) Having considered the application, the panel must either—

       9. Time limit for panel's decision, and duty to notify decision

          1. 9. (1) The panel must comply with paragraph 8(1) as soon...

    4. SCHEDULE 4

       Lasting powers of attorney: formalities

       1. Part 1 Making instruments

          1. General requirements as to making instruments

             1. 1. (1) An instrument is made in accordance with this Schedule...

          2. Requirements as to content of instruments

             1. 2. (1) The instrument must include— (a) the prescribed information about...

          3. Failure to comply with required form

             1. 3. (1) If an instrument differs in an immaterial respect in...

       2. Part 2 Registration

          1. Applications and procedure for registration

             1. 4. (1) An application to the Public Guardian for the registration...

             2. 5. Subject to paragraphs 10 to 14, on an application under...

          2. Notification requirements

             1. 6. A person (or persons) about to make an application under...

             2. 7. (1) As soon as practicable after receiving an application under...

             3. 8. (1) A notice under paragraph 6 must be in a...

          3. Power to dispense with notification requirements

             1. 9. (1) A person proposing to make an application under paragraph...

          4. Instrument not properly made

             1. 10. If it appears to the Public Guardian that an instrument...

          5. Instrument containing ineffective provision

             1. 11. (1) Sub-paragraph (2) applies if it appears to the Public...

          6. Deputy already appointed

             1. 12. (1) Sub-paragraph (2) applies if it appears to the Public...

          7. Objection by attorney, replacement attorney or named person

             1. 13. (1) Sub-paragraph (2) applies if a person other than the...

          8. Objection by donor

             1. 14. (1) This paragraph applies if the donor—

          9. Notification of registration

             1. 15. Where an instrument is registered under this Schedule, the Public...

          10. Evidence of registration

              1. 16. (1) A document purporting to be an office copy of...

       3. Part 3 Cancellation of registration and notification of severance

          1. Cancellation of registration by Public Guardian following revocation

             1. 17. The Public Guardian must cancel the registration of an instrument...

          2. Court to require Public Guardian to cancel registration in certain cases

             1. 18. The court must direct the Public Guardian to cancel the...

          3. Notification by court of ineffective provision etc in instrument

             1. 19. (1) Sub-paragraph (2) applies if the court determines under section...

          4. Notification on cancellation

             1. 20. If the Public Guardian cancels the registration of an instrument...

          5. Delivery up of instrument on cancellation

             1. 21. On the cancellation of the registration of an instrument, the...

       4. Part 4 Records of alterations in registered powers

          1. Partial revocation or suspension of power as a result of bankruptcy

             1. 22. If in the case of a registered instrument it appears...

          2. Termination of appointment of attorney which does not revoke power

             1. 23. If in the case of a registered instrument it appears...

          3. Replacement of attorney

             1. 24. If in the case of a registered instrument it appears...

          4. Severance of ineffective provisions

             1. 25. If in the case of a registered instrument the court...

          5. Notification of alterations

             1. 26. If the Public Guardian attaches a note to an instrument...

    5. SCHEDULE 5

       Property and affairs: supplementary provisions

       1. Wills: introductory

          1. 1. Paragraphs 2 to 4 apply in relation to the execution...

       2. Provision that may be made in will

          1. 2. The will may make any provision (whether by disposing of...

       3. Wills: requirements relating to execution

          1. 3. (1) Sub-paragraph (2) applies if under section 113 the court...

       4. Wills: effect of execution

          1. 4. (1) This paragraph applies where a will is executed in...

       5. Vesting orders ancillary to settlement etc

          1. 5. (1) If provision is made by virtue of section 115...

       6. Variation of settlements

          1. 6. (1) If a settlement has been made by virtue of...

       7. Transfer of stock to appointee outside Northern Ireland

          1. 7. (1) Sub-paragraph (2) applies if the court is satisfied—

       8. Preservation of interests in property disposed of on behalf of person lacking capacity

          1. 8. (1) Sub-paragraphs (2) and (3) apply if—

          2. 9. (1) Sub-paragraph (2) applies if the court has ordered or...

    6. SCHEDULE 6

       Extension by panel of public protection order without restrictions

       1. Preliminary

          1. 1. In this Schedule, in relation to a public protection order...

       2. Applications for extension of public protection order without restrictions

          1. 2. (1) An application under this Schedule may be made where—...

       3. Who may make application

          1. 3. (1) Any application under this Schedule must be made by...

       4. Contents of application

          1. 4. An application under this Schedule must— (a) be in the...

       5. Medical report

          1. 5. (1) The medical report must be in the prescribed form...

       6. Care plan

          1. 6. The care plan must be in the prescribed form and...

       7. Panel to consider application

          1. 7. (1) Where the relevant trust receives an application duly made...

       8. Decision on application

          1. 8. (1) Having considered the application, the panel must do one...

       9. Time limit for panel's decision, and duty to notify decision

          1. 9. (1) The panel must comply with paragraph 8(1) as soon...

    7. SCHEDULE 7

       Supervision and assessment orders

       1. Part 1 Introductory

          1. Introductory

             1. 1. (1) In this Part a “supervision and assessment order” is...

       2. Part 2 Making and contents of order

          1. Conditions which must be satisfied before order can be made

             1. 2. (1) A court may make a supervision and assessment order...

          2. Supervision element

             1. 3. (1) A supervision element is a requirement that the supervised...

          3. Assessment element

             1. 4. (1) An assessment element is a requirement that, during a...

          4. Residence element

             1. 5. (1) A residence element is any requirement as to the...

          5. Procedural requirements relating to the making of the order

             1. 6. (1) Before making a supervision and assessment order, the court...

       3. Part 3 Effect of order

          1. 7. Where an order is made, the supervised person must (as...

       4. Part 4 Amendment or revocation of order

          1. Amendment of order: general

             1. 8. (1) A court of summary jurisdiction may, on the application...

          2. Amendment of order: change of area of residence

             1. 9. (1) This paragraph applies where— (a) a supervision and assessment...

          3. Medical reports

             1. 10. (1) In this paragraph “relevant medical practitioner” means a medical...

          4. Revocation of order

             1. 11. (1) A court that has made a supervision and assessment...

          5. Procedural requirements on amendment or revocation of order

             1. 12. (1) On the making under any of paragraphs 8 to...

       5. Part 5 Breach of order

          1. 13. (1) This paragraph applies where— (a) a supervision and assessment...

       6. Part 6 Supplementary

          1. Power to vary period for which supervision element may be made

             1. 14. (1) The Department of Justice may make regulations substituting, for...

          2. Transitional provision relating to the abolition of petty sessions districts

             1. 15. (1) Until the day on which section 1 of the...

    8. SCHEDULE 8

       Amendments of Mental Health Order

       1. 1. The Mental Health Order is amended as follows.

       2. 2. Before Article 2 insert— “ Interpretation of Order ”.

       3. 3. (1) Article 2 (interpretation) is amended as follows.

       4. 4. After Article 3 insert— General provisions about patients under 16...

       5. 5. In the heading of Part 2 for “AND GUARDIANSHIP” substitute...

       6. 6. (1) Article 4 (admission for assessment) is amended as follows....

       7. 7. In Article 8 (effect of application for assessment) omit paragraph...

       8. 8. In Article 12 (detention for treatment) omit paragraph (3).

       9. 9. In Article 13(1) (renewal of authority for detention) after “discharged”...

       10. 10. After Article 14 insert— Liability to detention under Part 2...

       11. 11. Omit Articles 18 to 26 (guardianship).

       12. 12. In the italic heading before Article 27 omit “or guardianship”....

       13. 13. (1) Article 27 (duty of authority to give information to...

       14. 14. In Article 28 (transfer of patients) omit—

       15. 15. In Article 29 (return and readmission of patients absent without...

       16. 16. (1) Article 30 (special provisions as to patients absent without...

       17. 17. (1) Article 31 is amended as follows.

       18. 18. In Article 32(3) (definition of “nearest relative”) omit “or his...

       19. 19. In Article 33 (children and young persons in care) omit...

       20. 20. (1) Article 34 (minors under guardianship, etc) is amended as...

       21. 21. In Article 35(1) (assignment of functions by nearest relative) omit...

       22. 22. (1) Article 36 (appointment by county court of acting nearest...

       23. 23. (1) Article 37 (discharge and variation of orders under Article...

       24. 24. In Article 39 (special provision as to wards of court)...

       25. 25. In Article 40 (duty of approved social worker to make...

       26. 26. In Article 41 (applications, recommendations and reports under Part 2)...

       27. 27. Omit Part 3 (patients concerned in criminal proceedings or under...

       28. 28. In the heading of Part 4, at the end insert...

       29. 29. For Article 62 substitute— Patients to whom the provisions of...

       30. 30. (1) Article 63 (treatment requiring consent and a second opinion)...

       31. 31. After Article 63 insert— Treatment within Article 63: procedure where...

       32. 32. In Article 64(1)(b) (treatment requiring consent or second opinion) after...

       33. 33. In Article 65 (plans of treatment)— (a) for “Article 63...

       34. 34. In Article 66(1) (withdrawal of consent) after “63” insert “...

       35. 35. (1) Article 67 (review of treatment) is amended as follows....

       36. 36. (1) Article 68 (urgent treatment) is amended as follows.

       37. 37. In Article 69 (treatment not requiring consent) after “63” insert...

       38. 38. For the heading of Part 5 substitute— “ THE REVIEW...

       39. 39. In Article 70(1) (constitution of the Review Tribunal) for “Mental...

       40. 40. (1) Article 71 (applications to the tribunal under Part 2)...

       41. 41. In Article 72(1) (reference of cases of Part 2 patients...

       42. 42. (1) Article 73 (duty on Boards to refer cases to...

       43. 43. Omit Articles 74 to 76 (applications and references concerning Part...

       44. 44. (1) Article 77 (power to discharge patients other than restricted...

       45. 45. Omit Articles 78 to 80 (discharge of restricted patients etc)....

       46. 46. In Article 81 (visiting and examination of patients) omit “or...

       47. 47. For Article 82 substitute— Applications to the tribunal (1) Applications to the Review Tribunal may be made only...

       48. 48. (1) Article 83 (procedure of Tribunal) is amended as follows....

       49. 49. Omit Article 84 (interpretation of Part 5).

       50. 50. Omit Part 6 (functions of RQIA).

       51. 51. In Article 90 (registration of private hospitals) omit paragraph (1)....

       52. 52. Omit Articles 91 to 94 (provisions about registration and inspections)....

       53. 53. Omit Article 96 (offences under Part 7).

       54. 54. Omit Part 8 (management of property and affairs of patients)....

       55. 55. In Article 111(1) (code of practice)— (a) in sub-paragraph (a)...

       56. 56. In Article 113(1) (miscellaneous powers of the Board etc) omit...

       57. 57. (1) Article 116 (powers of the Board etc in relation...

       58. 58. (1) Article 118 (provision information by Department etc) is amended...

       59. 59. (1) Article 120 (unlawful detention of patients) is amended as...

       60. 60. (1) Article 121 (ill-treatment of patients) is amended as follows....

       61. 61. In Article 124(1)(a) (assist patients to absent themselves without leave)...

       62. 62. In Article 127 (voluntary use of services) omit paragraph (2)....

       63. 63. Omit Article 128 (pay, pensions etc of patients).

       64. 64. (1) Article 129 (warrants) is amended as follows.

       65. 65. Omit Article 130 (mentally disordered persons found in public places)....

       66. 66. In Article 131(1) (custody, conveyance and detention) for “a place...

       67. 67. (1) Article 132 (retaking of patients escaping from custody) is...

       68. 68. (1) Article 133 (protection for acts done in pursuance of...

       69. 69. Omit Schedule 2 (application of Part 2 to patients detained...

       70. 70. Omit Schedule 2A (supervision and treatment orders).

       71. 71. (1) Schedule 3 (the Tribunal) is amended as follows.

    9. SCHEDULE 9

       International protection of adults

       1. Part 1 Preliminary

          1. Introduction

             1. 1. Paragraphs 2 to 5 apply for the purposes of this...

          2. The Convention

             1. 2. (1) “Convention” means the Convention on the International Protection of...

          3. Countries, territories and nationals

             1. 3. (1) “Country” includes a territory which has its own system...

          4. Adults with incapacity

             1. 4. “Adult” means a person who— (a) as a result of...

          5. Protective measures

             1. 5. (1) “Protective measure” means a measure directed to the protection...

          6. Application of this Schedule

             1. 6. (1) This Schedule does not apply to a relevant person...

          7. Central Authority

             1. 7. (1) Any function under the Convention of a Central Authority...

       2. Part 2 Jurisdiction

          1. Scope of jurisdiction

             1. 8. (1) The court may exercise its functions under this Act...

             2. 9. (1) The court may also exercise its functions under this...

          2. Exercise of jurisdiction

             1. 10. (1) This paragraph applies where jurisdiction is exercisable under this...

             2. 11. A reference in this Schedule to the exercise of jurisdiction...

       3. Part 3 Applicable law

          1. Applicable law

             1. 12. In exercising jurisdiction under this Schedule, the court may, if...

             2. 13. Where a protective measure is taken in one country but...

          2. Lasting powers of attorney, etc

             1. 14. (1) If the donor of a lasting power is habitually...

             2. 15. (1) Where a lasting power is not exercised in a...

             3. 16. Regulations may provide for Schedule 4 (lasting powers of attorney:...

          3. Protection of third parties

             1. 17. (1) This paragraph applies where a person (a “representative”) in...

          4. Mandatory rules

             1. 18. Where the court is entitled to exercise jurisdiction under this...

          5. Public policy

             1. 19. Nothing in this Part requires or enables the application in...

       4. Part 4 Recognition and enforcement

          1. Recognition

             1. 20. (1) A protective measure taken in relation to an adult...

             2. 21. (1) An interested person may apply to the court for...

             3. 22. For the purposes of paragraphs 20 and 21, any finding...

          2. Enforcement

             1. 23. (1) An interested person may apply to the court for...

          3. Measures taken in relation to under 16s

             1. 24. (1) This paragraph applies where— (a) provision giving effect to,...

          4. Supplementary

             1. 25. The court may not review the merits of a measure...

       5. Part 5 Co-operation

          1. Proposal for cross-border placement

             1. 26. (1) This paragraph applies where a public authority proposes to...

             2. 27. A proposal received by a public authority under Article 33...

          2. Adult in danger etc

             1. 28. (1) This paragraph applies if a public authority is told...

             2. 29. A public authority may not request from, or send to,...

       6. Part 6 General

          1. Certificate

             1. 30. A certificate given under Article 38 by an authority in...

          2. Powers to make further provision as to private international law

             1. 31. (1) Regulations may make provision— (a) giving further effect to...

          3. Exceptions

             1. 32. Nothing in this Schedule applies, and no provision made under...

    10. SCHEDULE 10

        Consequential amendments

        1. Judicature (Northern Ireland) Act 1978 (c. 23)

           1. 1. In section 116(1) (fees) after “Enforcement of Judgments Office” insert...

           2. 2. (1) In Schedule 1 (appeals to Supreme Court in certain...

        2. Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

           1. 3. (1) Section 7 (supplementary provisions as to retrial) is amended...

           2. 4. In section 10(5) (appeals against interim hospital orders) for “interim...

           3. 5. In section 11 (appeal against conviction: substitution of finding of...

           4. 6. In section 12(1) (appeal against finding of not guilty on...

           5. 7. (1) Section 13 (disposal of appeal allowed under section 12)...

           6. 8. (1) Section 13A (appeal against finding of unfitness to be...

           7. 9. (1) Section 29A (effect of interim hospital orders) is amended...

           8. 10. (1) Section 30(1) (interpretation of Part 1) is amended as...

           9. 11. (1) Section 36 (detention of defendant pending appeal by the...

           10. 12. In section 45(3ZA) (powers of court exercisable by single judge)...

           11. 13. (1) Section 50 (interpretation) is amended as follows.

           12. 14. Omit Schedule 2 (consequences and effect of order under section...

        3. County Courts (Northern Ireland) Order 1980 (NI 3)

           1. 15. (1) Article 28 (appeals and applications to county courts) is...

        4. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

           1. 16. In Article 140 (appeals against conviction, sentence etc) after paragraph...

    11. SCHEDULE 11

        Repeals