Point in time view as at 02/12/2019. This version of this provision is prospective.
Mental Capacity Act (Northern Ireland) 2016, Section 90 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
90—(1) Where the steps in section 89 have been taken, P may (at any time when P has capacity to do so) declare that he or she does not wish an independent mental capacity advocate to be instructed to represent and provide support to him or her in the matter in question.
(2) A declaration may be revoked by P at any time when P has capacity to do so.
(3) A declaration, or a revocation of a declaration, is valid only if it is in writing and the conditions of section 95 (formalities) are met.
(4) Where a declaration has been made (and not revoked)—
(a)no request may be made under section 88 for an independent mental capacity advocate to be instructed to represent and provide support to P in the matter in question; and
(b)accordingly, no such instruction may be given under section 91.
(5) In this section “declaration” means a declaration under this section.
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