- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2020)
- Gwreiddiol (Fel y'i Deddfwyd)
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Yn ddilys o 02/04/2020
Section 10
1(1)In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)).N.I.
(2)In this Schedule—
(a)references to sections are to sections of the 2016 Act;
(b)references to Schedules are to Schedules to that Act.
(3)Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.
Commencement Information
I1Sch. 11 para. 1 in force at 2.4.2020 by S.R. 2020/58, art. 2(d)
2N.I.Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
(a)may, in connection with the provision as so modified, be used with appropriate amendments,
(b)is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
Commencement Information
I2Sch. 11 para. 2 in force at 2.4.2020 by S.R. 2020/58, art. 2(d)
3N.I.Section 297(2) (panels to have 3 members, all present) has effect as if for “(all of whom must be present during any proceedings of the panel)” there were substituted “, all of whom must be present during any proceedings of the panel, except where—
(a)the panel does not hear oral evidence,
(b)each of the members provides a written opinion, and
(c)the decision of the panel is unanimous.”
Commencement Information
I3Sch. 11 para. 3 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
4N.I.Paragraph 19(2) of Schedule 1 (time limit for panel's decision) has effect as if for “7 working days” there were substituted “ 28 working days ”.
Commencement Information
I4Sch. 11 para. 4 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
5N.I.Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were substituted “ 56 days ”.
Commencement Information
I5Sch. 11 para. 5 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
6N.I.Paragraph 4(2) of Schedule 2 (medical practitioner making medical report for inclusion in report under paragraph 2 to have examined P not more than 2 days before date on which medical report is made) has effect in relation to the making of a medical report during a period for which this paragraph has effect as if for “two days” there were substituted “ five days ”.
Commencement Information
I6Sch. 11 para. 6 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
7N.I.Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have personally seen P not more than 2 days before date on which report is made) has effect in relation to the making of a report during a period for which this paragraph has effect as if for “two days” there were substituted “ five days ”.
Commencement Information
I7Sch. 11 para. 7 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
8(1)Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a report under paragraph 2 of Schedule 2 only if the person has consulted an approved social worker) has effect as if for “only if the person has consulted an approved social worker.” there were substituted “only if— N.I.
(a)the person has consulted an approved social worker, or
(b)the person considers that it is impractical or would involve undesirable delay to consult an approved social worker, the person has consulted a relevant social worker.”
(2)A person who in relation to the person's proposal to make a report under paragraph 2 of Schedule 2—
(a)is of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)), and
(b)is proposing to consult a relevant social worker in reliance on that paragraph,
must inform P, and where practicable P's nominated person, of those facts.
(3)A report by a person under paragraph 2 of Schedule 2 who has consulted in reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph (1)) must be accompanied by a written statement complying with sub-paragraphs (4) and (5).
(4)The statement must specify—
(a)that the person was of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)) and accordingly consulted a relevant social worker;
(b)that the person has informed P as referred to in sub-paragraph (2);
(c)whether the person has informed P's nominated person as referred to in sub-paragraph (2), and if not, the reasons why it was not practicable to do so.
(5)The statement must contain a summary of the views (if any) expressed by P and P's nominated person.
(6)In this paragraph a “relevant social worker” means a person (other than an approved social worker), who—
(a)is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001, and
(b)appears to the person proposing to make the report to have at least 5 years' experience within the 10 years immediately preceding the day on which the report is proposed to be made of working as a social worker in relation to persons who lack capacity; and for this purpose the period of 5 years need not be a single period, or continuous periods, of such experience.
Commencement Information
I8Sch. 11 para. 8 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
9N.I.Paragraph 9(2) of Schedule 3 (time limit for panel's decision on application for extension of period of authorisation) has effect as if for “7 working days” there were substituted “ 28 working days ”.
Commencement Information
I9Sch. 11 para. 9 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
10N.I.Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect, operates in reliance on that paragraph, the panel must as soon as practicable after making the decision concerned give written notice of that fact to P and P's nominated person.
Commencement Information
I10Sch. 11 para. 10 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
Prospective
Textual Amendments
F1Sch. 11 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
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F118N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19(1)The Code of Practice for the time being published under section 288 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health in Northern Ireland may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of such of the persons or bodies referred to in subsection (1) of that section as the Department considers appropriate on such matters as the Department considers appropriate.N.I.
(2)Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code as they apply to a Code of Practice referred to in that section.
(3)Section 288 does not otherwise apply to a temporary Code.
Commencement Information
I11Sch. 11 para. 19 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)
20N.I.Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
Commencement Information
I12Sch. 11 para. 20 in force at 2.4.2020 for specified purposes by S.R. 2020/58, art. 2(f)
Prospective
21N.I.Where, by virtue of paragraph 12 an accused person has been remanded under section 162 for more than 12 weeks in total, the person may not be further remanded under that provision after the end of any period for which that paragraph has effect.
22(1)Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9.N.I.
(2)The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.
(3)The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.
Commencement Information
I13Sch. 11 para. 22 in force at 2.4.2020 by S.R. 2020/58, art. 2(g)
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