- Latest available (Revised)
- Point in Time (31/05/2021)
- Original (As enacted)
Point in time view as at 31/05/2021. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Mental Capacity Act (Northern Ireland) 2016, Part 4 is up to date with all changes known to be in force on or before 29 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
14—(1) Where the relevant trust receives an application duly made under this Schedule, it must as soon as practicable—N.I.
(a)give prescribed information to P and any prescribed person; and
(b)constitute a panel to consider the application.
(2) See also section 297 (general provision about panels).
Commencement Information
I1Sch. 1 para. 14 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)
15—(1) Having considered the application, the panel must—N.I.
(a)authorise the measure mentioned in paragraph 2(2)(a) to (d) for which the application requests authorisation (or, if the application requests authorisation of more than one such measure, authorise each of those measures or such one or more of them as may be specified in the authorisation); or
(b)refuse to grant an authorisation under this paragraph.
(2) If a measure authorised under sub-paragraph (1)(a) is the provision to P of particular treatment, the authorisation may also include authorisation of a measure mentioned in paragraph 2(2)(b) to (d) authorisation of which was not requested by the application.
(3) Sub-paragraph (2) applies whether or not the application requested authorisation of any other measure mentioned in paragraph 2(2)(b) to (d).
(4) Paragraphs 16 to 18 contain provision supplementing this paragraph.
(5) The panel may authorise a measure under this paragraph only if it considers that the criteria for authorisation are met in relation to that measure.
(6) An authorisation granted under this paragraph—
(a)takes effect from the time when the authorisation is granted; and
(b)expires (unless previously revoked) at the end of the period of 6 months beginning with the date when the authorisation is granted;
but this is subject to Chapter 6 of Part 2 of this Act (extension of period of authorisation).
(7) An authorisation under this paragraph may be expressed so as to authorise a measure to be carried out if circumstances specified in the authorisation arise.
Commencement Information
I2Sch. 1 para. 15 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)
16—(1) This paragraph applies where an authorisation under paragraph 15 authorises P's detention in a place in circumstances amounting to a deprivation of liberty.N.I.
(2) The authorisation must specify—
(a)the purposes for which P may be detained in circumstances amounting to a deprivation of liberty; and
(b)the place in which P may be so detained.
(3) The authorisation may authorise P to be detained for a specified purpose in one place and for other specified purposes in another place.
(4) Any purpose specified under this paragraph must relate to the risk mentioned in paragraph 10(b) (for example, if that risk is of serious harm to P from a disorder, a purpose specified may be the purpose of ensuring that P receives treatment for the disorder).
Commencement Information
I3Sch. 1 para. 16 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)
Prospective
17 Where an authorisation under paragraph 15 authorises the imposition on P of a requirement to attend at a particular place at particular times or intervals for the purpose of being given specified treatment, the authorisation—N.I.
(a)may either specify the place or authorise it to be such place as the medical practitioner in charge of the treatment may direct;
(b)may either specify the times or intervals or authorise them to be such times or intervals as that medical practitioner may direct.
Prospective
18—(1) This paragraph applies where an authorisation under paragraph 15 authorises the imposition on P of a community residence requirement.N.I.
(2) A community residence requirement which is in accordance with the authorisation may (subject to the provisions of this Act) be imposed on P by the HSC trust to which the application under this Schedule was made (“the trust”).
(3) The authorisation must specify, in accordance with the following provisions of this paragraph, the terms of the community residence requirement that may be imposed by the trust under the authorisation.
(4) The authorisation must provide either—
(a)that the trust may require P to live at a place specified by the authorisation; or
(b)that the trust may require P to live at such place as may be specified by the trust.
(5) The authorisation may include either or both of the following provisions—
(a)provision that if the trust imposes the requirement authorised under sub-paragraph (4), the trust may also require P to allow a healthcare professional specified by the trust access to P, at reasonable times required by that professional, at a place where P is living;
(b)provision that if the trust imposes the requirement authorised under sub-paragraph (4), the trust may also require P to attend at particular places and times or intervals for the purpose of training, education, occupation or treatment.
(6) Where by virtue of sub-paragraph (5)(b) the authorisation includes provision authorising a requirement for P to attend at a particular place at particular times or intervals, the authorisation—
(a)may either specify the place or authorise it to be such place as the trust may specify; and
(b)may either specify the times or intervals or authorise them to be such times or intervals as the trust may specify.
(7) In this paragraph—
“healthcare professional” means a person of a description prescribed under section 31(3);
“treatment” is to be read in accordance with section 31(4).
19—(1) The panel must comply with paragraph 15(1) as soon as practicable and in any case no later than the end of the permitted period.N.I.
(2) The “permitted period” is (subject to paragraph 20) the period of [F17 working days] [F128 working days] beginning with the day on which the application is received by the trust (or, if that day is not a working day, beginning with the first working day after that).
(3) As soon as practicable after granting or refusing an authorisation under paragraph 15, the panel must give to P and any prescribed person—
(a)written notice of the grant or refusal; and
(b)any prescribed information.
(4) Regulations under sub-paragraph (3) must ensure that the Attorney General is given notice in any case where—
(a)the panel grants an authorisation that authorises a measure within paragraph 2(2)(b) or (d) (deprivation of liberty or community residence requirement); and
(b)the application under this Schedule contained the statement mentioned in paragraph 6(2) (statement that P lacks, or probably lacks, capacity in relation to making of Tribunal application).
Textual Amendments
F1Words in Sch. 1 para. 19(2) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 4 (with ss. 88-90, Sch. 11 para. 2); S.R. 2020/58, art. 2(e)
Commencement Information
I4Sch. 1 para. 19 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)
20—(1) If at any time before the end of the period mentioned in paragraph 19(2) the panel considers—N.I.
(a)that it will not be possible within that period to decide whether the criteria for authorisation are met in respect of a measure proposed in the application, but
(b)that there is a good prospect of it being established that the criteria for authorisation are met in respect of the measure,
the panel may grant an interim authorisation.
(2) The power of the panel to grant an interim authorisation is power to grant an authorisation which—
(a)does as mentioned in paragraph 15(1)(a); but
(b)is expressed to have effect only until the end of the period of [F228 days] [F256 days] beginning with the date on which the interim authorisation is granted.
(3) Accordingly, an interim authorisation—
(a)takes effect from the time when the authorisation is granted; and
(b)expires (unless previously revoked) at the end of the period of [F328 days] [F356 days] beginning with the date on which it is granted.
(4) Paragraphs 15(2), (3) and (7) and 16 to 18 apply in relation to an interim authorisation as they apply in relation to an authorisation under paragraph 15.
(5) Where the panel grants an interim authorisation in relation to an application under this Schedule—
(a)the period within which the panel must grant or refuse an authorisation under paragraph 15 in respect of the application is [F428 days] [F456 days] beginning with the date on which the interim authorisation is granted; and
(b)the grant or refusal of an authorisation under paragraph 15 in respect of the application revokes the interim authorisation.
(6) As soon as practicable after granting an interim authorisation, the panel must give written notice of the grant, and any prescribed information, to P and any prescribed person.
(7) Regulations under sub-paragraph (6) must ensure that the Attorney General is given notice in any case where—
(a)the panel grants an interim authorisation that authorises a measure within paragraph 2(2)(b) or (d) (deprivation of liberty or community residence requirement); and
(b)the application under this Schedule contained the statement mentioned in paragraph 6(2) (statement that P lacks, or probably lacks, capacity in relation to making of Tribunal application).
Textual Amendments
F2Words in Sch. 1 para. 20(2)(b) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 5 (with ss. 88-90, Sch. 11 paras. 2, 20); S.R. 2020/58, art. 2(e)
F3Words in Sch. 1 para. 20(3)(b) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 5 (with ss. 88-90, Sch. 11 paras. 2, 20); S.R. 2020/58, art. 2(e)
F4Words in Sch. 1 para. 20(5)(a) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 5 (with ss. 88-90, Sch. 11 paras. 2, 20); S.R. 2020/58, art. 2(e)
Commencement Information
I5Sch. 1 para. 20 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)
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: