Mental Capacity Act (Northern Ireland) 2016

Transitional cases

Loss of capacity during research project: transitional cases

138.—(1) This section applies where a person who is 16 or over (“P”)—

(a) consented to take part in a research project begun before the coming into operation of section 132; and

(b) before the conclusion of the project, loses capacity to consent to continue to take part in it.

(2) Regulations may provide that, despite P’s loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—

(a) the project satisfies prescribed requirements;

(b) any information or material relating to P which is used in the research is of a prescribed description and was obtained before P’s loss of capacity; and

(c) the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting P.

(3) The regulations may in particular—

(a) make provision about when, for the purposes of the regulations, a project is to be treated as having begun;

(b) include provision similar to any made by sections 134 to 137.