Mental Capacity Act (Northern Ireland) 2016

Duty to notify the Public Guardian

128.—(1) Where a relevant authority is satisfied—

(a) that a person with whom the authority is concerned lacks capacity in relation to a matter or matters relating to that person’s care, treatment, personal welfare or property and affairs,

(b) that any of the powers of the court under section 113 ought to be exercised with respect to that matter or matters, and

(c) that arrangements in that behalf have not been made and are not being made,

it is the duty of that relevant authority to notify the Public Guardian of the situation.

(2) In this section a “relevant authority” means—

(a) an HSC trust;

(b) the Regional Board;

(c) RQIA;

(d) the managing authority of an independent hospital;

(e) the managing authority of a care home.

(3) In this section “a person with whom the authority is concerned” means—

(a) in relation to an HSC trust, a person within the area of the trust;

(b) in relation to the Regional Board, any person;

(c) in relation to RQIA, any person;

(d) in relation to the managing authority of an independent hospital or of a care home, an in-patient or resident in the hospital or care home.