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Changes over time for: Section 121
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Timeline of Changes
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.
Status:
Point in time view as at 01/04/2022.
Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Section 121 is up to date with all changes known to be in force on or before 26 February 2025. 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.
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Changes to Legislation
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Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)N.I.
This section has no associated Explanatory Notes
121—(1) This section applies where, in proceedings brought in respect of a person (“P”) under this Part, the court imposes a requirement to make a report under section 120(2).
(2) If the Public Guardian or a Court Visitor is making a visit in the course of complying with the requirement, he or she may interview P in private.
(3) If a Court Visitor who is a Special Visitor is making a visit in the course of complying with the requirement, he or she may if the court so directs carry out in private a medical, psychiatric or psychological examination of P's capacity and condition.
(4) For the purpose of complying with the requirement, the Public Guardian or a Court Visitor may at all reasonable times require the production of, examine and take copies of—
(a)any health record (as defined by section 306),
(b)any relevant record, or
(c)any court record,
so far as the record relates to P.
(5) But if P has capacity in relation to whether the power under subsection (4) should be exercised, the power may be exercised only with P's consent.
(6) In this section—
“court record” means documentation held by the court relating to the proceedings mentioned in subsection (1);
“relevant record” means a record relating to P's care, treatment or personal welfare which is a record of or held by—
(d)
a Northern Ireland department or its employees or agents;
(e)
the managing authority of an independent hospital; or
(f)
the managing authority of a care home.
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