Point in time view as at 02/12/2019.
Mental Capacity Act (Northern Ireland) 2016, Paragraph 13 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
13—(1) This paragraph applies where—N.I.
(a)a report under paragraph 11 (an “admission report”) has been made;
(b)the admission report was not such as to terminate the authorisation; and
(c)the admission report was made by a practitioner within paragraph 11(3)(c) (and not within paragraph 11(3)(a) or (b)).
(2) If, at the end of 48 hours from the time when the admission report was made, a suitable medical practitioner has not examined P and made a report in accordance with sub-paragraphs (4) and (5), the expiry of that period is an event which terminates the authorisation.
(3) In this paragraph “a suitable medical practitioner” means—
(a)the responsible medical practitioner; or
(b)if it is not practicable for that practitioner to carry out the examination under this paragraph, another medical practitioner who meets prescribed conditions.
(4) A medical practitioner carrying out an examination under this paragraph must immediately make a report in the prescribed form of the examination.
(5) The report must include a statement by the person making the report as to whether, in that person's opinion, the condition in paragraph 12 is met.
(6) If the report states that in the opinion of the person making the report that condition is not met, the making of the report is an event which terminates the authorisation.
(7) A person who makes a report under this paragraph must immediately give the report to the managing authority of the hospital.
Commencement Information
I1Sch. 2 para. 13 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)
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