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Changes over time for: Section 138


Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 02/12/2019.
Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Section 138 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.

Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Loss of capacity during research project: transitional casesN.I.
This
adran has no associated
Nodiadau Esboniadol
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.
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