Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 2 – Lack of Capacity: Protection from Liability, and Safeguards

Chapter 7 – Rights of Review of Authorisation

Section 52 – Powers of Tribunal in relation to authorisation under Schedule 2

This section provides that where an application or reference is made to the Tribunal concerning an authorisation which has been granted under Schedule 2, the Tribunal must either revoke the authorisation or decide to take no action in respect of it. The Tribunal may decide to take no action only if it is satisfied that the condition in paragraph 12 of Schedule 2 is met.