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This version of this provision is prospective.
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Status
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:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Section 49 is up to date with all changes known to be in force on or before 12 December 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.
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 49:
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Prospective
References etc to Tribunal: persons formerly detained under the Mental Health OrderN.I.
This section has no associated Explanatory Notes
49—(1) This section applies where—
(a)immediately before the day a person reaches the age of 16 (“the relevant day”), the person is liable to be detained under Part 2 of the Mental Health Order; and
(b)on that day, there is in force an authorisation under Schedule 1 to this Act (“the authorisation”) that authorises the detention of the person in circumstances amounting to a deprivation of liberty.
(2) If an application to the Tribunal by the person, or a reference of the person's case to the Tribunal, was made under Part 5 of the Mental Health Order before the relevant day but has not been dealt with by that day, the matters to be considered by the Tribunal include the question whether the authorisation is appropriate.
(3) If—
(a)on any date when the person is under 17, the period of the authorisation is extended (under section 37 or 38 or Schedule 3),
(b)a relevant authority has been in force throughout the period of one year ending with that date, and
(c)the Tribunal has not considered the person's case at any time in that period,
the relevant trust must as soon as practicable refer to the Tribunal the question whether the authorisation is appropriate.
(4) In this section—
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