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Mental Capacity Act (Northern Ireland) 2016

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Mental Capacity Act (Northern Ireland) 2016, Section 63 is up to date with all changes known to be in force on or before 27 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

“Serious intervention”N.I.
This section has no associated Explanatory Notes

63—(1) In this Part “serious intervention” means an intervention in connection with the care, treatment or personal welfare of P which (or any part of which)—

(a)consists of or involves major surgery;

(b)causes P serious pain, serious distress, or serious side-effects;

(c)affects seriously the options that will be available to P in the future, or has a serious impact on P's day-to-day life; or

(d)in any other way has serious consequences for P, whether physical or non-physical.

(2) Without prejudice to subsection (1), and to avoid any doubt, each of the following is a serious intervention for the purposes of this Part—

(a)any deprivation of liberty;

(b)the imposition of a requirement mentioned in section 28(1)(a) (requirements to attend at particular times or intervals for certain treatment);

(c)the imposition of a community residence requirement (see section 31).

(3) Regulations may provide that a prescribed intervention (except one mentioned in subsection (2))—

(a)is to be regarded as an intervention falling within a particular paragraph of subsection (1); or

(b)is not to be regarded as such an intervention.

(4) If—

(a)the act mentioned in section 9(1) is, or is part of, an intervention which turns out to be a serious intervention, but

(b)at the time the act is done D reasonably believes that the risk that the intervention will turn out to be a serious intervention is negligible,

that act is to be treated for the purposes of this Part as if the intervention were not a serious intervention.

Commencement Information

I1S. 63(2)(a) 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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