The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019

Information

22.—(1) For the purposes of paragraph 7(1) and 7(1)(b) of Schedule 2 to the Act when a short-term detention authorisation is made, the person making the short-term detention authorisation must as soon as practicable notify the persons in paragraph (2) with the information in paragraph (3).

(2) The persons that must be notified are—

(a) P;

(b) the nominated person; and

(c) any person P has asked the information to be given to.

(3) The information that must be provided includes—

(a) notification that P is detained in circumstances amounting to a deprivation of liberty;

(b) the hospital where the detention is taking place;

(c) the HSC Trust where the detention is taking place;

(d) the date of the detention decision;

(e) information on short-term detentions;

(f) guidance regarding the Review Tribunal; and

(g) a person’s rights under the Act.

(4) As soon as practicable after making the short-term detention authorisation, the person making the report must inform the managing authority of the hospital where P is to be detained and furnish such information as required for the detention to take place.

(5) If the report contains a statement mentioned in paragraph 2(5) of Schedule 2 to the Act (statement that P lacks, or probably lacks, capacity in relation to making an application to the Tribunal), the Attorney General must be notified and the short-term detention authorisation, including all annexes and information referred to, must be sent to the Attorney General.