Mental Capacity Act (Northern Ireland) 2016

Valid from 02/12/2019

Part 5 N.I. Matters covered by authorisation etc

Prospective

Treatment: what is covered by authorisation N.I.

21—(1) Sub-paragraph (2) applies where an authorisation under this Schedule authorises the provision to P of treatment specified by the authorisation. N.I.

(2) As well as authorising the provision of that treatment to P, the authorisation authorises the provision to P of—

(a) any part of the treatment concerned;

(b) the treatment concerned, or any part of it, with such modifications as the medical practitioner in charge of P's treatment may reasonably consider to be in P's best interests.

(3) Sub-paragraph (4) applies where an authorisation under this Schedule 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 treatment specified by the authorisation.

(4) As well as authorising the imposition of such a requirement, the authorisation 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 treatment mentioned in sub-paragraph (2)(a) or (b).

(5) Any reference in this Part of this Act to treatment “specified by” an authorisation is to be read as including treatment mentioned in sub-paragraph (2)(a) or (b).

Detention: what is covered by authorisation N.I.

22—(1) This paragraph applies where an authorisation under this Schedule authorises the detention of P in a specified place for specified purposes. N.I.

(2) As well as authorising that detention, the authorisation authorises any related detention that may occur while the authorisation is in force.

(3) In sub-paragraph (2) “related detention” means—

(a) any detention of P in the specified place at a time when the detention is partly for the purposes specified in the authorisation and partly for other purposes relating to P's care or treatment;

(b) any detention of P while P is being taken to the specified place; and

(c) any detention of P while P is absent from the specified place, if—

(i) the detention is in pursuance of a condition imposed on P that relates to permission given to P to be absent from the specified place for a particular period or a particular occasion;

(ii) the imposition of the condition is an act to which section 9(2) applies; and

(iii) the detention is for no longer than 7 days.

(4) In this paragraph “detention” means detention in circumstances amounting to a deprivation of liberty.

(5) Nothing in the authorisation or this paragraph affects the operation of this Part of this Act in relation to any detention of P in circumstances not amounting to a deprivation of liberty.

Effect of discharge from detention N.I.

23—(1) Where— N.I.

(a) an authorisation under this Schedule authorises the detention of P in circumstances amounting to a deprivation of liberty, and

(b) P is discharged from detention,

the authorisation ceases to authorise any detention of P.

(2) For the purposes of this paragraph P is “discharged from detention” if a person with authority to discharge P from detention informs P in writing that he or she is discharged from detention.

Power to vary or revoke requirements etc imposed under authorisation N.I.

24  Any power conferred by virtue of an authorisation under this Schedule to impose a requirement or give a direction includes power to vary or revoke the requirement or direction (but not in such a way as to result in a requirement that is not permitted by the authorisation). N.I.

Effect of authorisation on previous authorisations N.I.

25—(1) The grant of an interim authorisation under this Schedule revokes any authorisation under Schedule 2 in respect of P which is in force immediately before the grant of the interim authorisation; but this is subject to sub-paragraph (2). N.I.

(2) The panel which grants the interim authorisation may, when it makes the grant, also decide that the authorisation under Schedule 2 is not revoked by the grant.

26—(1) The grant of an authorisation under paragraph 15 (“the later authorisation”), as well as revoking any interim authorisation relating to the same application, revokes any relevant earlier authorisation; but this is subject to sub-paragraph (3). N.I.

(2) In this paragraph a “relevant earlier authorisation” means—

(a) any authorisation under Schedule 2 in respect of P, or

(b) any authorisation under paragraph 15 in respect of P,

which is in force immediately before the grant of the later authorisation.

(3) The panel which grants the later authorisation may, when it makes the grant, also decide that—

(a) a relevant earlier authorisation specified by the panel, or

(b) a specified provision of such an authorisation,

is not revoked by the grant.

Relationship with other conditions N.I.

27  For the avoidance of doubt, the fact that a particular measure is authorised by an authorisation under this Schedule does not affect the need for the other conditions of this Part of this Act that apply to be met in respect of any act that is, or is part of, that measure. N.I.