Point in time view as at 02/12/2019. This version of this provision is prospective.
Mental Capacity Act (Northern Ireland) 2016, Section 89 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.
Prospective
89—(1) The steps referred to in section 88(3) are as follows.
(2) P must be given prescribed information relating to independent mental capacity advocates.
(3) P must be given an opportunity to decide whether to make a declaration under section 90 (refusal by P of independent mental capacity advocate).
(4) If P's decision is to make such a declaration, P must be given an opportunity to make that declaration.
(5) But the steps in subsections (3) and (4) need not be taken where P does not have capacity to make a declaration under section 90.
(6) The information prescribed under subsection (2) must include notice that, if an independent mental capacity advocate is instructed, this may result in information about P (including sensitive personal information) being disclosed by virtue of this Act to the independent mental capacity advocate.
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