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

Persons who can make a reportN.I.

This section has no associated Explanatory Memorandum

17.—(1) [F1Subject to regulation 17A, for] the purposes of paragraph 3(1)(a) of Schedule 2 to the Act a person is an appropriate healthcare professional for the purpose of making a report under paragraph 2 of Schedule 2 to the Act if he or she is—

(a)an approved social worker; or

(b)a person who—

(i)is—

(aa)a medical practitioner;

(bb)a registered nurse or midwife;

(cc)a social worker;

(dd)a registered dentist;

(ee)an occupational therapist;

(ff)a speech and language therapist; or

(gg)a practitioner psychologist;

(ii)has in the last 36 months successfully completed training approved by the Department;

(iii)except in the 36 month period beginning with the date the person has successfully completed the training referred to in head (ii), has, in the 36 months prior to the completion of the short-term detention authorisation, completed further training approved by the Department; and

(iv)has two years experience in the last 10 years in a professional role working with persons who lack capacity

and who is designated by the managing authority of the hospital specified in the report under paragraph 2 of Schedule 2 to the Act as a person who may make reports under that paragraph.

(2) A person cannot be an appropriate healthcare professional under paragraph (1) if he or she is the person who made the statement of incapacity relevant to the short-term detention authorisation.

Textual Amendments