The Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019

1. Introductory Text

2. PART 1 Citation, commencement and interpretation

   1. 1. Citation, commencement and interpretation

3. PART 2 Formal Assessment of Capacity and Nominated Person

   1. 2. Persons suitably qualified to make formal capacity assessments

   2. 3. Witnesses and persons unable to sign

   3. 4. If X has capacity to make an appointment, revocation or...

4. PART 3 Information, Authorisation and Extensions

   1. CHAPTER 1 Information

      1. 5. Information

      2. 6. (1) Immediately when P is discharged from detention amounting to...

      3. 7. (1) Information provided under regulation 5 must be provided in...

   2. CHAPTER 2 Trust panel authorisations

      1. 8. Persons who can make a Schedule 1 authorisation

      2. 9. Form of application

      3. 10. When making an application under Schedule 1 to the Act—...

      4. 11. Medical report

      5. 12. Care plan

      6. 13. Information

      7. 14. (1) As soon as practicable after granting or refusing an...

   3. CHAPTER 3 Short-term detentions in hospital for examination or examination followed by treatment

      1. 15. Responsible Medical Practitioner, alternative medical practitioner and medical practitioner

      2. 16. An alternative medical practitioner who may make a report under...

      3. 17. A person is a medical practitioner who can make an...

      4. 18. Persons who can make a report

      5. 19. Form of Schedule 2 reports and certificate

      6. 20. When making a short-term detention authorisation under Schedule 2 to...

      7. 21. Medical report

      8. 22. Information

   4. CHAPTER 4 Extension by report

      1. 23. Extension authorisation

      2. 24. When making an extension authorisation— (a) the statement of incapacity...

      3. 25. Meaning of responsible person

      4. 26. A person can be designated as the responsible officer by—...

      5. 27. To be a responsible person the person must—

      6. 28. Information when making an extension report

      7. 29. If the extension report includes a statement under section 39(3)...

   5. CHAPTER 5 Extension by trust panel authorisation

      1. 30. Schedule 3 application

      2. 31. Form of application

      3. 32. When making an application under Schedule 3 to the Act—...

      4. 33. Medical report

      5. 34. Care plan

      6. 35. (1) When an application is received by the relevant trust,...

      7. 36. (1) As soon as practicable after granting or refusing an...

   6. CHAPTER 6 Forms and definitions

      1. 37. Forms

      2. 38. Where a Form in the Schedule requires a signature, an...

      3. 39. For the avoidance of doubt— (a) the Forms can be—...

      4. 40. Descriptions of medical practitioners

      5. 41. Definitions for the purpose of Part 3

5. PART 4 Trust Panels

   1. 42. Panel membership

   2. 43. Remuneration or allowances of auditor panel members

   3. 44. Duty to record and retain information and records

   4. 45. Assessment of the best interests

   5. 46. Decisions of the panel

   6. 47. Definition for the purpose of Part 4

6. PART 5 Transitional Arrangements When a Deprivation of Liberty is Proposed Before a Person is 16

   1. 48. Transitional arrangements

   2. 49. For the avoidance of doubt, regulation 50 applies in particular...

   3. 50. A report under paragraph 2 of Schedule 2 to the...

   4. 51. For the avoidance of doubt, the protection from liability under...

7. PART 6 Money and Valuables and Research

   1. 52. Money and valuables

   2. 53. (1) The relevant authority must not receive or hold on...

   3. 54. A receipt or discharge given by a relevant authority for...

   4. 55. (1) Where a relevant authority holds money or valuables it...

   5. 56. (1) A relevant authority must hold the money and valuables...

   6. 57. (1) A relevant authority must keep records of money and...

   7. 58. A relevant authority must, upon request from the RQIA, furnish...

   8. 59. For the avoidance of doubt, any decision to expend money...

   9. 60. Research

   10. 61. Definitions for the purpose of Part 6

8. Signature

9. 1. SCHEDULE

      Statutory Forms

10. Explanatory Note