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Mental Capacity Act (Northern Ireland) 2016

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Mental Capacity Act (Northern Ireland) 2016, Section 292 is up to date with all changes known to be in force on or before 06 December 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

WarrantsN.I.

This section has no associated Explanatory Notes

292—(1) This section applies if it appears to a lay magistrate, on complaint on oath made by an officer of an HSC trust or a constable—

(a)that there is reasonable cause to believe that a relevant person is to be found on any premises;

(b)that admission to the premises has been refused or that a refusal of such admission is apprehended; and

(c)that it is reasonable in the circumstances to issue a warrant.

(2) The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.

(3) A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).

(4) It is not necessary to name the relevant person in any complaint or warrant under this section.

(5) In this section “relevant person” means a person who—

(a)by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and

(b)is, by virtue of this Act, to be taken to that place.

Commencement Information

I1S. 292 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)

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