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

Suitably qualified person to make formal capacity assessmentsN.I.

This section has no associated Explanatory Memorandum

2.—(1) [F1Subject 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