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The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019
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PART 1 N.I.Citation, commencement and interpretation
Citation, commencement and interpretationN.I.
1.—(1) These Regulations may be cited as the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019 and shall come into operation on 2nd December 2019.
(2) In these Regulations—
“the Act” means the Mental Capacity Act (Northern Ireland) 2016;
[F1”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;]
“occupational therapist” means a person entitled to use the title and currently registered with the Health and Care Professions Council under the Health and Social Work Professions Order 2001;
“P” means a person who is 16 or over who lacks capacity in relation to the deprivation of liberty;
“panel” means a panel constituted under Schedule 1 or 3 to the Act in accordance with section 297 of the Act;
“practitioner psychologist” means a person entitled to use the title and currently registered with the Health and Care Professions Council under the Health and Social Work Professions Order 2001 M1;
“registered” in relation to nurses and midwives, means registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001 M2 by virtue of qualifications in nursing or midwifery as the case may be;
“registered dentist” has the same meaning as in the Dentists Act 1984 M3;
“relevant trust” is the HSC trust in which the deprivation of liberty of taking place or is proposed to take place;
“social worker” means a person registered as a social worker with the Northern Ireland Social Care Council in accordance with the Health and Personal Social Services Act (Northern Ireland) 2001 M4;
“speech and language therapist” means a person entitled to use the title and currently registered with the Health and Care Professions Council under the Health and Social Work Professions Order 2001;
“suitably qualified person” means a person who is suitably qualified to make formal assessments of capacity in accordance with section 14(4) of the Act; and
“X” means a person making an appointment, revocation or declaration mentioned in section79(1) of the Act.
Textual Amendments
F1Words in reg. 1(2) inserted(temp) (2.4.2020) by The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/57), regs. 1(1), 2(a)
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