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The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019

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  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.Suitably qualified person to make formal capacity assessments

    2. 2A.(1) In an emergency period the requirements in regulation 2(3)...

    3. 3.Witnesses and persons unable to sign

    4. 4.For the purposes of section 79(4) of the Act if...

  4. PART 3 Information, Authorisation and Extensions

    1. CHAPTER 1 Information

      1. 5.Information

      2. 6.(1) For the purposes of section 57(1)(a) as soon as...

    2. CHAPTER 2 Trust panel authorisations

      1. 7.Persons who can make an application for Schedule 1 authorisation

      2. 7A.In an emergency period the requirements in regulation 7(b) and...

      3. 8.Form of application

      4. 9.When making an application under Schedule 1 to the Act—...

      5. 10.Medical report

      6. 11.Care plan

      7. 12.Information

      8. 13.(1) For the purposes of paragraph 19(3)(b) and 20(6) of...

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

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

      2. 14A.(1) In an emergency period the requirement in regulation 14(1)(b)...

      3. 15.For the purposes of paragraphs 11(3)(b), 13(3)(b) and 14(4)(b) of...

      4. 16.For the purpose of paragraph 9(2)(b) of Schedule 2 to...

      5. 17.Persons who can make a report

      6. 17A.(1) In an emergency period the requirements in regulation 17(1)(b)(iv)...

      7. 18.Form of Schedule 2 reports and certificate

      8. 19.When making a short-term detention authorisation for examination or examination...

      9. 20.For the purposes of paragraphs 9(3), 11(4), 13(4) and 14(5)...

      10. 21.Medical report

      11. 22.Information

    4. CHAPTER 4 Extension by report

      1. 23.Extension report

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

      3. 25.Meaning of responsible person

      4. 26.An approved social worker can be the responsible person if...

      5. 27.(1) In all circumstances another person can be the responsible...

      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. 30A.In an emergency period the requirements in regulation 30(b) and...

      3. 31.Form of application

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

      5. 33.Medical report

      6. 34.Care plan

      7. 35.Information

      8. 36.(1) For the purposes of paragraph 9(3)(b) of Schedule 3...

    6. CHAPTER 6 Forms, information and descriptions of medical practitioners

      1. 37.Forms

      2. 38.For the purposes of these Regulations where prescribed information in...

      3. 39.Ways in which information must be provided

      4. 40.Descriptions of medical practitioners

  5. PART 4 Trust Panels

    1. 41.Panel membership

    2. 42.Duty to record and retain information and records

    3. 43.Assessment of the best interests

    4. 44.Decisions of the panel

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

    1. 45.Arrangements

  7. PART 6 Transitional Arrangements Relating to the Mental Health (Northern Ireland) Order 1986

    1. 46.Limitations to commencement of the Mental Capacity Act

  8. Signature

    1. SCHEDULE

      Statutory Forms

  10. Explanatory Note

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