Mental Capacity Act (Northern Ireland) 2016

Compliance with section 1(2)N.I.

This adran has no associated Nodiadau Esboniadol

6—(1) In proceedings under this Act or any other statutory provision, any question whether a person who is 16 or over lacks capacity in relation to a matter (within the meaning of this Act) is to be decided on the balance of probabilities.

(2) Subsection (3) applies where, other than in such proceedings, it falls to a person to determine for any purpose of this Act whether another person who is 16 or over (“P”) lacks capacity in relation to a matter.

(3) If—

(a)the person making the determination has taken reasonable steps to establish whether P lacks capacity in relation to the matter,

(b)the person reasonably believes that P lacks capacity in relation to the matter, and

(c)the principles in section 1(3) to (5) and section 5 have been complied with,

for the purposes of section 1(2) the person is to be taken to have sufficiently “established” that P lacks capacity in relation to the matter.

(4) In this section “proceedings” includes proceedings before a tribunal and proceedings of any panel constituted under Schedule 1 or 3.

Commencement Information

I1S. 6 in operation at 1.10.2019 for specified purposes by S.R. 2019/163, art. 2(1), Sch. Pt. 1 (with art. 3) (as amended by S.R. 2019/190, art. 2)

I2S. 6 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(3), Sch. Pt. 3 (as amended by S.R. 2019/190, art. 2)