Mental Capacity Act (Northern Ireland) 2016

Prospective

Criteria for treatment N.I.

9—(1) In relation to the provision to P of particular treatment, the criteria for authorisation are— N.I.

(a) that P lacks capacity in relation to the treatment;

(b) that it would be in P's best interests to have the treatment; and

(c) if P's nominated person has reasonably objected to the proposal to provide the treatment and has not withdrawn that objection, that the prevention of serious harm condition is met.

(2) The prevention of serious harm condition is—

(a) that failure to provide the treatment to P would create a risk of serious harm to P or of serious physical harm to other persons; and

(b) that carrying out the treatment would be a proportionate response to—

(i) the likelihood of harm to P, or of physical harm to other persons; and

(ii) the seriousness of the harm concerned.

(3) Subsections (2) and (3) of section 22 (situations where there is a choice of treatments) apply for the purposes of sub-paragraph (2).