- Latest available (Revised)
- Original (As enacted)
Mental Capacity Act (Northern Ireland) 2016, SCHEDULE 11 is up to date with all changes known to be in force on or before 26 November 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 290.
Commencement Information
I1Sch. 11 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)
Short Title | Extent of Repeal |
---|---|
The Sale of Goods Act 1979 (c.54) | In section 3(2), the words “mental incapacity or”. |
The Criminal Appeal (Northern Ireland) Act 1980 (c.47) | Section 13(6). |
Section 50(1A). | |
Schedule 2. | |
The Mental Health (Northern Ireland) Order 1986 (NI 4) | In Article 2— (a) in paragraph (2)— (i) the definitions of “guardianship application”, “hospital order” and “guardianship order”, “interim hospital order”, “restriction direction”, “restriction order” and “transfer direction”; (ii) in the definition of “the applicant” the words from “and, in relation” to the end; (iii) in the definition of “patient” the words “(except in Part VIII)”; (iv) in the definition of “responsible authority” paragraph (b); (b) in paragraph (2A) the words “107(1B),” and “, 123(1)”; (c) paragraph (3). |
Article 8(3). | |
Article 12(3). | |
Articles 18 to 26. | |
In the italic heading before Article 27 the words “or guardianship”. | |
In Article 27— (a) in paragraph (1)— (i) the words “or subject to guardianship” in each place; (ii) in sub-paragraph (b) the words “or guardianship”; (iii) the words “or the commencement or renewal of the authority for his guardianship”; (b) in paragraph (2)— (i) the words “or subject to guardianship” in each place; (ii) in sub-paragraph (a)(i) the words “, 24”; (iii) the words “or his reception into guardianship”; (c) in paragraph (4)— (i) the words “or subject to guardianship”; (ii) the words from “and, in” to “guardian of the patient”. | |
In Article 28— (a) paragraphs (5) to (7); (b) in paragraph (9) the words from “and, in” to “guardian of the patient”. | |
In Article 29— (a) paragraph (2); (b) in paragraph (3) the words “or subject to guardianship, as the case may be,”. | |
In Article 30— (a) in paragraph (1)— (i) the words “or subject to guardianship”; (ii) the words “or subject” in the second place where they occur; (b) in paragraph (2) the words “or subject to guardianship”; (c) in paragraph (3) the words “or guardianship”. | |
In Article 31— (a) in paragraph (1)— (i) the words “or subject to guardianship”; (ii) the words “or subject” in the second place they occur; (b) in paragraph (2)— (i) the words “or subject to guardianship” in each place; (ii) the words “or subject” in the last place they occur. | |
In Article 32(3) the words “or his reception into guardianship”. | |
In Article 33 the words “who is a child or young person”. | |
Article 34(3). | |
In Article 35(1) the words “or subject to guardianship”. | |
In Article 36(3)— (a) in sub-paragraph (c) the words “or a guardianship application”; (b) the word “or” after sub-paragraph (c); (c) in sub-paragraph (d) the words “or guardianship”. | |
In Article 37(4)— (a) the words “or subject to guardianship”; (b) the words “or subject” in the second, third and fourth places where they occur. | |
Article 39(3). | |
In Article 40— (a) in the heading the words “or guardianship”; (b) in paragraph (1) the words “or a guardianship application”; (c) in paragraph (2) the words “or guardianship (as the case may be)”; (d) in paragraph (5) the words “or Article 19(3) to (6)”. | |
In Article 41 the words “guardianship application,”. | |
Part 3. | |
In Article 71— (a) paragraph (2); (b) in paragraph (3) the words from “or the authority” to “Article 23”; (c) in paragraph (4)— (i) sub-paragraph (b); (ii) the words “or, as the case may be, Article 24(7)”; (d) in paragraph (5) the words “or subject to guardianship”. | |
In Article 72(1) the words “or subject to guardianship”. | |
In Article 73(1)— (a) the words “or his guardianship”; (b) the words “or 23”. | |
Articles 74 to 76. | |
In Article 77— (a) in the heading the words “other than restricted patients”; (b) paragraph (3); (c) paragraph (5). | |
Articles 78 to 80. | |
In Article 81 the words “or subject to guardianship”. | |
In Article 83— (a) in paragraph (2)(a) and (i) the words “under this Order”; (b) in paragraph (5) the words “by this Order or by rules under this Article”. | |
Article 84. | |
Part 6. | |
Article 90(1). | |
Articles 91 to 94. | |
Article 96. | |
Part 8. | |
In Article 111(1)(a) the words “and the reception of patients into guardianship”. | |
Article 113(1)(c). | |
Article 118(1)(a). | |
In Article 124(1)(a) the words “or being subject to guardianship under this Order,”. | |
Article 127(2). | |
Article 128. | |
In Article 129— (a) paragraph (3); (b) in paragraph (7) the words “any police station,”. | |
Article 130. | |
In Article 132— (a) in paragraph (1)(b) the words “or subject to guardianship”; (b) in paragraph (2)— (i) the words “or subject to guardianship”; (ii) the words from “(not being” to “such an order)”; (c) in paragraph (3) the words “or Article 130”; (d) paragraph (6). | |
Article 133(1). | |
Schedules 2 and 2A. | |
In Schedule 3— (a) in paragraph 4(1) the words “under this Order”; (b) in paragraph 5 the words “under this Order”. |
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: