Prospective

PART 4 N.I. INDEPENDENT MENTAL CAPACITY ADVOCATES

Modifications etc. (not altering text)

C1 Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))

Procedure for ensuring that an independent mental capacity advocate is instructed N.I.

Steps to be taken before independent mental capacity advocate may be requested N.I.

89—(1) The steps referred to in section 88(3) are as follows.

(2) P must be given prescribed information relating to independent mental capacity advocates.

(3) P must be given an opportunity to decide whether to make a declaration under section 90 (refusal by P of independent mental capacity advocate).

(4) If P's decision is to make such a declaration, P must be given an opportunity to make that declaration.

(5) But the steps in subsections (3) and (4) need not be taken where P does not have capacity to make a declaration under section 90.

(6) The information prescribed under subsection (2) must include notice that, if an independent mental capacity advocate is instructed, this may result in information about P (including sensitive personal information) being disclosed by virtue of this Act to the independent mental capacity advocate.