PART 2 N.I. LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 7 N.I. RIGHTS OF REVIEW OF AUTHORISATION

References to the Tribunal N.I.

Duty of HSC trust to notify the Attorney General N.I.

50—(1) This section applies if—

(a) the period of an authorisation under Schedule 1 has been extended (under section 38 or Schedule 3) for a period of one year;

(b) the authorisation authorises a measure within section 41(2)(b) or (d) (deprivation of liberty or community residence requirement); and

(c) at the relevant time, it appears to the relevant trust that the person to whom the authorisation relates lacks (or probably lacks) capacity in relation to whether an application under section 45 (applications to Tribunal) should be made.

(2) The relevant trust must as soon as practicable give the Attorney General—

(a) notice of the matters mentioned in subsection (1)(a) to (c); and

(b) any prescribed information.

(3) In this section—

“the relevant time” means the time 6 months after the beginning of the one year period mentioned in subsection (1)(a);

“the relevant trust” has the same meaning as in section 48.

Commencement Information

I1 S. 50(1)(a)(c)(2)(3) 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)

I2 S. 50(1)(b) in operation at 2.12.2019 for specified purposes (but omitting "or (d)") by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)