The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020 and shall come into operation on 2nd April 2020.

(2) In these Regulations—

“emergency period” means the period during which section 10(4) of and paragraphs 3, 4, 5, 6, 7, 8, 9 and 10 of Schedule 11 to the Coronavirus Act 2020(1) are in force; and

“the principal Regulations” means the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019(2).

Amendments to the principal Regulations

2.  During the emergency period the principal Regulations shall have effect as if—

(a) in regulation 1(2) in the appropriate place there were inserted—

“”emergency” period means the period during which section 10(4) of and paragraphs 3, 4, 5, 6, 7, 8, 9 and 10 of Schedule 11 to the Coronavirus Act 2020 are in force;”;

(b) in regulation 2(1) for the word “For” there were substituted “Subject to regulation 2A, for”;

(c) after regulation 2 there were inserted—

“2A.— (1) In an emergency period the requirements in regulation 2(3) do not need to be met.

(2) If a person is acting as a suitably qualified person in reliance on this regulation, he or she must notify P and the nominated person that he or she is so acting.”

(d) in regulation 7 for the word “For” there were substituted “Subject to regulation 7A, for”;

(e) after regulation 7 there were inserted—

“7A.   In an emergency period the requirements in regulation 7(b) and (c) do not need to be met.”

(f) in regulation 14(1) for the word “For” there were substituted “Subject to regulation 14A, for”;

(g) after regulation 14 there were inserted—

“14A.— (1) In an emergency period the requirement in regulation 14(1)(b) does not need to be met.

(2) If a person is acting as the responsible medical practitioner in reliance on this regulation, he or she must notify P and the nominated person that he or she is so acting.”

(h) in regulation 17(1) for the word “For” there were substituted “Subject to regulation 17A, for”;

(i) after regulation 17 there were inserted—

“17A.— (1) In an emergency period the requirements in regulation 17(1)(b)(iv) and (2) do not need to be met.

(2) If a person is making a report in reliance on this regulation, he or she must notify P and the nominated person that he or she is so acting.”

(j) in regulation 30 for the word “For” there were substituted “Subject to regulation 30A, for”;

(k) after regulation 30 there were inserted—

“30A.   In an emergency period the requirements in regulation 30(b) and (c) do not need to be met.”

(l) in regulation 41—

(i) in paragraph (1) for the word “For” there were substituted “Subject to paragraph (1A), for”;

(ii) after paragraph (1) there were inserted—

“(1A) In an emergency period the panel may consist of three suitably qualified persons.”

Sealed with the Official Seal of the Department of Health on 31st March 2020.

(L.S.)

Mark Lee

A senior officer of the Department of Health.