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Mental Capacity Act (Northern Ireland) 2016

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Mental Capacity Act (Northern Ireland) 2016, Section 41 is up to date with all changes known to be in force on or before 08 March 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. Help about Changes to Legislation

Meaning of “measure”, “authorised measure” and “the criteria for continuation”N.I.
This section has no associated Explanatory Notes

41—(1) In this Chapter, in relation to an authorisation—

authorised measure” means a measure which is authorised by the authorisation and has begun; and

measure” is to be read in accordance with subsection (2).

(2) Each of the following is a “measure” for the purposes of this Chapter—

(a)the provision to P of particular treatment specified by the authorisation;

(b)the detention of P in circumstances amounting to a deprivation of liberty in a place specified by the authorisation, for purposes so specified;

(c)a requirement to attend at a particular place at particular times or intervals for the purpose of being given treatment specified by the authorisation;

(d)a community residence requirement.

(3) In this Chapter “the criteria for continuation”, in relation to a measure, means the criteria for authorisation for that measure as set out in Part 3 of Schedule 1.

(4) In paragraphs 11(a) and 12(a) and (b) of that Schedule as they apply for the purposes of this section, the references to imposing a requirement include continuing the requirement.

Commencement Information

I1S. 41(1)(2)(b)(3)(4) 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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