Mental Capacity Act (Northern Ireland) 2016

“Serious intervention” N.I.

63—(1) In this Part “ serious intervention” means an intervention in connection with the care, treatment or personal welfare of P which (or any part of which)—

(a) consists of or involves major surgery;

(b) causes P serious pain, serious distress, or serious side-effects;

(c) affects seriously the options that will be available to P in the future, or has a serious impact on P's day-to-day life; or

(d) in any other way has serious consequences for P, whether physical or non-physical.

(2) Without prejudice to subsection (1), and to avoid any doubt, each of the following is a serious intervention for the purposes of this Part—

(a) any deprivation of liberty;

(b) the imposition of a requirement mentioned in section 28(1)(a) (requirements to attend at particular times or intervals for certain treatment);

(c) the imposition of a community residence requirement (see section 31).

(3) Regulations may provide that a prescribed intervention (except one mentioned in subsection (2))—

(a) is to be regarded as an intervention falling within a particular paragraph of subsection (1); or

(b) is not to be regarded as such an intervention.

(4) If—

(a) the act mentioned in section 9(1) is, or is part of, an intervention which turns out to be a serious intervention, but

(b) at the time the act is done D reasonably believes that the risk that the intervention will turn out to be a serious intervention is negligible,

that act is to be treated for the purposes of this Part as if the intervention were not a serious intervention.

Commencement Information

I1 S. 63(2)(a) 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)