Prospective
Modifications etc. (not altering text)
C1Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))
88—(1) This section applies where it reasonably appears to an appropriate healthcare professional—
(a)that a determination needs to be made of whether a particular act would be in the best interests of a person (“P”) who is 16 or over and lacks capacity in relation to the matter; and
(b)that by reason of section 35 or 55, an independent mental capacity advocate needs to be instructed to represent and provide support to P in that determination.
(2) The appropriate healthcare professional may request the relevant trust to instruct an independent mental capacity advocate to represent and provide support to P in the determination of whether the act would be in P's best interests.
(3) A request under this section may be made only if the steps required by section 89 have been taken so far as practicable.
(4) A request under this section must be in a prescribed form and include prescribed information.
(5) In this section—
“appropriate healthcare professional” means a person of a prescribed description.
“the relevant trust” means the HSC trust in whose area the act would be carried out.