Coronavirus Act 2020

Section 10

SCHEDULE 11 N.I. Mental capacity: Northern Ireland

PART 1 N.I. Introductory provision etc

Interpretation N.I.

1 (1) In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)). N.I.

(2) In this Schedule—

(a) references to sections are to sections of the 2016 Act;

(b) references to Schedules are to Schedules to that Act.

(3) Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.

Commencement Information

I1 Sch. 11 para. 1 in force at 2.4.2020 by S.R. 2020/58, art. 2(d)

Prescribed forms N.I.

2 N.I. Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a) may, in connection with the provision as so modified, be used with appropriate amendments,

(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

Commencement Information

I2 Sch. 11 para. 2 in force at 2.4.2020 by S.R. 2020/58, art. 2(d)

PART 2 N.I. Modifications of the Mental Capacity Act (Northern Ireland) 2016

Proceedings of panels constituted to decide applications N.I.

3 N.I. Section 297(2) (panels to have 3 members, all present) has effect as if for “(all of whom must be present during any proceedings of the panel)” there were substituted “, all of whom must be present during any proceedings of the panel, except where—

(a) the panel does not hear oral evidence,

(b) each of the members provides a written opinion, and

(c) the decision of the panel is unanimous.”

Commencement Information

I3 Sch. 11 para. 3 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Time limit for panel's decisions regarding authorisations of certain serious interventions N.I.

4 N.I. Paragraph 19(2) of Schedule 1 (time limit for panel's decision) has effect as if for “7 working days” there were substituted “ 28 working days ”.

Commencement Information

I4 Sch. 11 para. 4 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Interim authorisations by panels of certain serious interventions N.I.

5 N.I. Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were substituted “ 56 days ”.

Commencement Information

I5 Sch. 11 para. 5 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Report authorising short-term detention in hospital for examination etc N.I.

6 N.I. Paragraph 4(2) of Schedule 2 (medical practitioner making medical report for inclusion in report under paragraph 2 to have examined P not more than 2 days before date on which medical report is made) has effect in relation to the making of a medical report during a period for which this paragraph has effect as if for “two days” there were substituted “ five days ”.

Commencement Information

I6 Sch. 11 para. 6 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

7 N.I. Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have personally seen P not more than 2 days before date on which report is made) has effect in relation to the making of a report during a period for which this paragraph has effect as if for “two days” there were substituted “ five days ”.

Commencement Information

I7 Sch. 11 para. 7 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Consultation required before such a report is made N.I.

8 (1) Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a report under paragraph 2 of Schedule 2 only if the person has consulted an approved social worker) has effect as if for “only if the person has consulted an approved social worker.” there were substituted “only if— N.I.

(a) the person has consulted an approved social worker, or

(b) the person considers that it is impractical or would involve undesirable delay to consult an approved social worker, the person has consulted a relevant social worker.”

(2) A person who in relation to the person's proposal to make a report under paragraph 2 of Schedule 2—

(a) is of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)), and

(b) is proposing to consult a relevant social worker in reliance on that paragraph,

must inform P, and where practicable P's nominated person, of those facts.

(3) A report by a person under paragraph 2 of Schedule 2 who has consulted in reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph (1)) must be accompanied by a written statement complying with sub-paragraphs (4) and (5).

(4) The statement must specify—

(a) that the person was of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)) and accordingly consulted a relevant social worker;

(b) that the person has informed P as referred to in sub-paragraph (2);

(c) whether the person has informed P's nominated person as referred to in sub-paragraph (2), and if not, the reasons why it was not practicable to do so.

(5) The statement must contain a summary of the views (if any) expressed by P and P's nominated person.

(6) In this paragraph a “relevant social worker” means a person (other than an approved social worker), who—

(a) is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001, and

(b) appears to the person proposing to make the report to have at least 5 years' experience within the 10 years immediately preceding the day on which the report is proposed to be made of working as a social worker in relation to persons who lack capacity; and for this purpose the period of 5 years need not be a single period, or continuous periods, of such experience.

Commencement Information

I8 Sch. 11 para. 8 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Extension by panel of period of authorisation N.I.

9 N.I. Paragraph 9(2) of Schedule 3 (time limit for panel's decision on application for extension of period of authorisation) has effect as if for “7 working days” there were substituted “ 28 working days ”.

Commencement Information

I9 Sch. 11 para. 9 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Additional notification requirements for panels N.I.

10 N.I. Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect, operates in reliance on that paragraph, the panel must as soon as practicable after making the decision concerned give written notice of that fact to P and P's nominated person.

Commencement Information

I10 Sch. 11 para. 10 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

Prospective

F1 Period of detention in place of safety N.I.

Textual Amendments

F1 Sch. 11 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F1 11 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Periods of remand to hospital N.I.

F1 12 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Required medical evidence for court to be satisfied treatment condition is met in relation to remand to hospital N.I.

F1 13 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Required medical evidence for public protection orders, interim detention orders, determinations of question of fitness to be tried or findings of not guilty on ground of insanity N.I.

F1 14 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Required medical evidence for hospital directions N.I.

F1 15 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Extension reports in relation to public protection orders without restrictions N.I.

F1 16 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Required medical evidence for directions for the transfer of prisoners etc to hospital N.I.

F1 17 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F1 Admission of person subject to hospital transfer direction to hospital N.I.

F1 18 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice N.I.

19 (1) The Code of Practice for the time being published under section 288 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health in Northern Ireland may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of such of the persons or bodies referred to in subsection (1) of that section as the Department considers appropriate on such matters as the Department considers appropriate. N.I.

(2) Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code as they apply to a Code of Practice referred to in that section.

(3) Section 288 does not otherwise apply to a temporary Code.

Commencement Information

I11 Sch. 11 para. 19 in force at 2.4.2020 by S.R. 2020/58, art. 2(e)

PART 3 N.I. Transitional provision

20 N.I. Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

Commencement Information

I12 Sch. 11 para. 20 in force at 2.4.2020 for specified purposes by S.R. 2020/58, art. 2(f)

Prospective

21 N.I. Where, by virtue of paragraph 12 an accused person has been remanded under section 162 for more than 12 weeks in total, the person may not be further remanded under that provision after the end of any period for which that paragraph has effect.

PART 4 N.I. Review of operation of certain provisions of this Schedule

22 (1) Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9. N.I.

(2) The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.

(3) The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.

Commencement Information

I13 Sch. 11 para. 22 in force at 2.4.2020 by S.R. 2020/58, art. 2(g)