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

PART 2 N.I. Formal Assessment of Capacity and Nominated Person

Suitably qualified person to make formal capacity assessments N.I.

2.—(1)  [F1 Subject to regulation 2A, for] the purposes of section 14(4) of the Act a person is a suitably qualified person to make a formal capacity assessment and provide a statement of incapacity if paragraph (2) and (3) are met.

(2) The person must be one of the following—

(a) a medical practitioner;

(b) a social worker;

(c) a registered nurse or midwife;

(d) a registered dentist;

(e) an occupational therapist;

(f) a speech and language therapist; or

(g) a practitioner psychologist.

(3) The person must—

(a) have successfully completed training that has been approved by the Department;

(b) except in the 36 month period beginning with the date the person has successfully completed the training referred to in sub-paragraph (a), in the 36 months prior to the formal capacity assessment, have completed further training relevant to their role as a suitably qualified person to make a formal capacity assessment;

(c) have two years experience in a professional role, within the previous ten years, working with persons who lack capacity; and

(d) be appointed by his or her employer as a suitably qualified person to make formal capacity assessments.

Textual Amendments

F1 Words in reg. 2(1) substituted(temp) (2.4.2020) by The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/57), regs. 1(1), 2(b)

[F2 2A.— (1) In an emergency period the requirements in regulation 2(3) do not need to be met. N.I.

(2) If a person is acting as a suitably qualified person in reliance on this regulation, he or she must notify P and the nominated person that he or she is so acting.]

Textual Amendments

F2 Reg. 2A inserted(temp) (2.4.2020) by The Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/57), regs. 1(1), 2(c)

Witnesses and persons unable to sign N.I.

3.  For the purposes of section 79(2)(b) of the Act a person can only be a witness in relation to the formalities under section 79 of the Act if he or she—

(a) is unconnected with X; and

(b) is not X's nominated person.

4.  For the purposes of section 79(4) of the Act if X has capacity to make an appointment, revocation or declaration mentioned in section 79(1) of the Act but is physically unable to make a signature, section 79(2)(a) is replaced by—

“(a) an addition sheet is added to the document containing the appointment, revocation or declaration and the addition sheet must include—

(i) a signature in his or her own name by a person who is unconnected with X;

(ii) a statement by that person that the signature on the addition sheet is on behalf of X and that in his or her opinion X has capacity to make an appointment, revocation or declaration; and

(iii) a signed statement by one witness, in addition to the witness in paragraph (b), who must be unconnected with X stating that in their opinion X—

(aa) understands the effect of the appointment, revocation or declaration; and

(bb) has not been subject to any undue pressure in relation to the appointment, declaration or revocation.”.