Search Legislation

Mental Capacity Act (Northern Ireland) 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 23

 Help about opening options

Alternative versions:

Status:

This version of this contains provisions that are prospective. Help about Status

Changes to legislation:

Mental Capacity Act (Northern Ireland) 2016, Paragraph 23 is up to date with all changes known to be in force on or before 01 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. Help about Changes to Legislation

Prospective

This section has no associated Explanatory Notes

23—(1) Article 37 (discharge and variation of orders under Article 36) is amended as follows.N.I.

(2) In paragraph (1)—

(a)after “application made—” insert—

(za)by the patient;;

(b)in sub-paragraph (b) for “or (b)” substitute “ , (b) or (e) ”.

(3) After paragraph (1) insert—

(1A) But in the case of an order made on the ground specified in Article 36(3)(e), an application may not be made under paragraph (1)(b) by the person who was the nearest relative of the patient when the order was made except with the leave of the county court..

(4) In paragraph (2)—

(a)after “or on the application of” insert “ the patient or of ”;

(b)for the words from “for the first-mentioned person” to the end substitute

for the person having those functions another person (other than the patient) who—

(a)in the opinion of the court is a proper person to exercise those functions; and

(b)is willing to do so..

(5) In paragraph (4) omit—

(a)“or subject to guardianship”;

(b)the second, third and fourth “or subject”.

Back to top

Options/Help

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

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?

You have chosen to open Schedules only

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?