Conditions which must be satisfied before order can be made. The standard is based on the 1985 decision of the House of Lords in Gillick v West Norfolk and Wisbech Area Health Authority. 8. Previously she was a senior lecturer in the Law School of Queen's University, Belfast lecturing in Equity (including Trusts), Land Law, Inheritance and the Law and Revenue Law… 5. 2. 2. (1) This paragraph applies where— (a) a supervision and assessment... Power to vary period for which supervision element may be made. Criteria for requirement to attend for treatment. 3. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 4. Marriage/civil partnership and immigration control; Visiting Northern Ireland to marry or form a civil partnership; Getting married in a civil ceremony 20. 18. Northern Irish law refers to the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a separate jurisdiction within the United Kingdom in 1921. 35. (1) Where— (a) it is proposed to make a report... Information to be given where report authorising detention is made. 7. 8. 7. This is because section 138 of the Mental Capacity Act (Northern Ireland) 2016 makes this provision. Law Centre NI’s Community Care Legal Officer, Catherine Harper, highlighted the need to avoid any further delays, saying: “The Mental Capacity Act (NI) 2016 is an important piece of legislation that safeguards adults in care and brings Northern Ireland in line with the rest of the UK. 17. (1) Schedule 3 (the Tribunal) is amended as follows. Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. (1) Article 27 (duty of authority to give information to... 14.In Article 28 (transfer of patients) omit—. The MCA was enacted in May 2016. 13. Mental health and capacity laws in Northern Ireland and the COVID-19 pandemic : Examining powers, procedures and protections under emergency legislation. This broadly (1) Having considered the application, the panel must—, Specifying detention amounting to deprivation of liberty. 9. 5. 1. 2. The Bill has been long in gestation, and should be seen against a backdrop of a (current) landscape framework where questions relating to decision-making on behalf of those without capacity are predominantly determined under the common law, and questions relating to the treatment of mental disorder are determined by reference to the now distinctly venerable Mental Health Order 1986 (NI). Northern Ireland's devolved government is to put the COVID-19 'stay at home' message into law, the first minister has announced. 20. However, an advance refusal of treatment is an important statement of your wishes and should be taken into account if decisions are being made on your behalf. Joint! The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. Northern Irish law refers to the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a separate jurisdiction within the United Kingdom in 1921. Bill! The Whole 8. Request for independent mental capacity advocate to be instructed. / Farrell, Anne-Maree; Hann, Patrick. This means they will be able to make sure that someone they trust will have the legal power to make decisions about their medical treatment and care. 9. 1!!!!! In Article 28 (transfer of patients) omit—. (1) Article 121 (ill-treatment of patients) is amended as follows.... 61.In Article 124(1)(a) (assist patients to absent themselves without leave)... 62.In Article 127 (voluntary use of services) omit paragraph (2).... 63.Omit Article 128 (pay, pensions etc of patients). in! (1) Article 4 (admission for assessment) is amended as follows.... 7.In Article 8 (effect of application for assessment) omit paragraph... 8.In Article 12 (detention for treatment) omit paragraph (3). The Mental Capacity (NI) Act (“MC(NI)A”) provides a framework for people who lack capacity to make decisions for themselves and for those who have capacity to make preparations for a time when they lack capacity. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Registered charity in England and Wales 1120203, Health and Personal Welfare Lasting Power of Attorney. may also experience some issues with your browser, such as an alert box that a script is taking a We make no claims to the veracity of this law. In Article 140 (appeals against conviction, sentence etc) after paragraph... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 17. Applications for extension of public protection order without restrictions. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. A similar version in England and Wales would be the Mental Capacity Act 2005. For example, a PoA will make it easier for someone to deal with third parties, such as banks, the tax office or the local council on your behalf. A person who wishes to dispose of assets on death achieves this by leaving one or more testamentary instruments. Mental Capacity Law Newsletter July 2014 The Mental Health Order is amended as follows. 9. 13. UK-Northern Ireland The Disability Discrimination (Services and Premises) Regulations (Northern Ireland) 1996. (1) The panel must comply with paragraph 8(1) as soon... General requirements as to making instruments. (1) Article 2 (interpretation) is amended as follows. 12. 13. Centrefor!Disability!Law!and!Policy! Hoc! Personal and Public Involvement (PPI) Personal and Public Involvement (PPI) is a legislative requirement for Health and Social Care organisations as laid down in the Health and Social Services (Reform) Northern Ireland Act 2009. Instrument containing ineffective provision. The PHA has responsibility for … We look forward to supporting people in Northern Ireland to make sure their wishes for their future treatment and care are respected and will update you as soon as we know more. Northern Ireland succession law is governed by the Administration of Estates Act (Northern Ireland) 1955 (The 1955 Act). 22. (1) Article 28 (appeals and applications to county courts) is... Magistrates’ Courts (Northern Ireland) Order 1981 (NI 26). The Northern Ireland Executive Department of Health has published an information leaflet as guidance literature on the Mental Capacity Act – Deprivation of Liberty Safeguards. (1) An authorisation granted by the making of a report... Part 3 Events terminating the authorisation, Expiry where failure to admit P within period required. (1) This paragraph applies where— (a) either of the following... Expiry 14 days after date of further report. The Mental Capacity Act (NI) 2016 (“the Act”) is a ground-breaking piece of legislation that, when fully commenced, will fuse together mental capacity and mental health law for those aged 16 years old and over within a single piece of legislation, as recommended by the Bamford Review of Mental Health and Learning Disability. 6. It contains a number of provisions which have specific application to Northern Ireland to include powers to act for the protection of public health, provisions with regard to the holding of inquests, the use of video and audio technology in the courts, mental health and mental capacity, extension of time limits for retention of fingerprints and DNA profiles and investigatory powers. Procedural requirements relating to the making of the order. 13. Instead, separate legal authority is provided pursuant to the Mental Health (Northern Ireland) Order 1986 to detain persons for the assessment and/or treatment of a mental disorder provided a certain criteria is met, regardless of whether the person has the capacity to make the decision themselves. (1) The medical report included in a report under paragraph... Consultation required before report authorising detention is made. View upcoming course details & information on how to enroll. (1) This paragraph applies where a report is made under... 19.For the avoidance of doubt, the fact that a particular... Rectification of reports: correction of administrative errors. 7. All (or at least part) go for the Mental Capacity Act (Northern Ireland) Confounding the expectations of those who had thought that the stalemate in Stormont meant there was … Research output: Contribution to journal › Article › peer-review 3. Stay up to date with the latest training & events from Law Centre NI. (1) Section 50 (interpretation) is amended as follows. Northern Ireland's devolved government is to put the COVID-19 'stay at home' message into law, the first minister has announced. The Whole You (1) Regulations may make provision— (a) giving further effect to... 32.Nothing in this Schedule applies, and no provision made under... Judicature (Northern Ireland) Act 1978 (c. 23). Establishing whether a person has capacity, Establishing what is in a person’s best interests, PART 2 LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS, CHAPTER 1 PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS, 9.Protection from liability for acts in best interests of person lacking capacity, 11.Advance decisions: effect on section 9, 12.Acts of restraint: condition that must be met, CHAPTER 2 ADDITIONAL SAFEGUARDS FOR SERIOUS INTERVENTIONS, 14.Section 13: formal capacity assessments and statements of incapacity, 15.Nominated person: need to have in place and consult, CHAPTER 3 ADDITIONAL SAFEGUARD: SECOND OPINION, 16.Second opinion needed for certain treatment, 17.Second opinion needed for continuation of medication, CHAPTER 4 ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC, 19.Treatment with serious consequences: objection from nominated person, 20.Treatment with serious consequences: resistance by P etc, 21.Meaning of “treatment with serious consequences”, 22.Sections 19 and 20: the prevention of serious harm condition, 23.Meaning of “subject to an additional measure”, 26.Taking person to a place for deprivation of liberty, Requirements to attend for treatment with serious consequences, 28.Requirements to attend for certain treatment, 29.Duty to revoke requirement where criteria no longer met, 30.Community residence requirements: authorisation etc, 31.Meaning of “community residence requirement”, 32.Duty to revoke community residence requirement where criteria no longer met, 33.Duties in relation to people subject to community residence requirements, 34.Community residence requirements: further provision, CHAPTER 5 ADDITIONAL SAFEGUARD: INDEPENDENT MENTAL CAPACITY ADVOCATE, 35.Independent mental capacity advocate: need to have in place and consult, CHAPTER 6 EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS, 37.First extension of period of authorisation, 40.Extension of period where responsible person not of the requisite opinion, 41.Meaning of “measure”, “authorised measure” and “the criteria for continuation”, 44.Effect of extension on authorisation where authorised measure unused etc, CHAPTER 7 RIGHTS OF REVIEW OF AUTHORISATION, 46.Applications: visiting and examination, 47.Power of certain persons to refer case to Tribunal, 48.Duty of HSC trust to refer case to Tribunal, 49.References etc to Tribunal: persons formerly detained under the Mental Health Order, 50.Duty of HSC trust to notify the Attorney General, 51.Powers of Tribunal in relation to authorisation under Schedule 1, 52.Powers of Tribunal in relation to authorisation under Schedule 2, 53.Sections 51 and 52: additional powers of Tribunal, Medical reports: involvement of nominated person and independent mental capacity advocate, 54.Medical reports: involvement of nominated person, 55.Medical reports: involvement of independent mental capacty advocate, 56.Sections 54 and 55: meaning of “emergency”, 58.Ways in which information must be provided, 59.Failure by person other than D to take certain steps, 60.Part 2 not applicable where other authority for act, CHAPTER 9 DEFINITIONS FOR PURPOSES OF PART 2, 64.Acts that are “part of” serious interventions, 65.Meaning of “emergency” in relation to safeguard provisions, 67.Failure by persons other than D to take steps to ensure safeguard met, Appointment by person of his or her nominated person, 77.Declaration that particular person not to be nominated person, 78.Notice declining to be a person’s nominated person, 79.Formalities for documents under Part 3, 80.Application to Tribunal for appointment of nominated person, 81.Tribunal’s power to appoint nominated person, 82.Tribunal’s power to disqualify person from being default nominated person, 83.Revocation of Tribunal’s appointment where P regains capacity, 84.Duties in relation to nominated person: supplementary, PART 4 INDEPENDENT MENTAL CAPACITY ADVOCATES, 87.Functions of independent mental capacity advocates: provision of support, etc, Procedure for ensuring that an independent mental capacity advocate is instructed, 88.Request for independent mental capacity advocate to be instructed, 89.Steps to be taken before independent mental capacity advocate may be requested, 90.Right to declare that no independent mental capacity advocate to be instructed, 91.Instruction of independent mental capacity advocate, 92.Powers of independent mental capacity advocates, Procedure after instruction of independent mental capacity advocate, 93.Right of person to discontinue involvement of independent mental capacity advocate, 94.Continuing duty of trust in relation to independent mental capacity advocate, 95.Formalities for declarations under Part 4, Power to adjust role of independent mental capacity advocates, 96.Power to adjust role of independent mental capacity advocates, 98.Restrictions on scope of lasting power of attorney, 99.Relationship between advance decisions and lasting powers of attorney, 100.Scope of lasting powers of attorney: gifts, Appointment of attorneys and replacements, 101.Appointment of attorneys: requirements as respects attorneys, 104.Appointment of two or more replacements for a single initial appointee, 105.Replacement attorneys: position where two or more initial appointees, 106.Revocation of lasting power etc by donor or on donor’s bankruptcy, 107.Revocation etc: events relating to the attorney, 108.Protection of attorney and others if no power created or power revoked, 109.Reliance on authority of attorney in relation to treatment etc, 110.Powers of court as to lasting powers of attorney, 111.Powers of court as to operation of lasting powers of attorney, PART 6 HIGH COURT POWERS: DECISIONS AND DEPUTIES, 112.The court’s power to make declarations, 113.The court’s powers to make decisions and appoint deputies: general, 114.Section 113 powers: care, treatment and personal welfare, 115.Section 113 powers: property and affairs, 118.Reliance on authority of deputy in relation to treatment etc, 121.Powers of Public Guardian or Court Visitor in respect of reports under section 120(2), PART 7 PUBLIC GUARDIAN AND COURT VISITORS, 127.Further powers of the Public Guardian, 129.Notifications under section 128: procedure and effect, 133.Section 132: exception for clinical trials, 135.Requirement to consult nominated person, carer etc, 136.Section 135: exception for urgent treatment, 138.Loss of capacity during research project: transitional cases, PART 9 POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY, Power of police to remove person from public place to place of safety, 139.Power of police to remove person from public place to place of safety, 141.Search of person on exercise of power to remove, Powers of police to detain person removed from public place, 142.Power of police to detain in hospital a person removed from a public place, 143.Power to detain in police station a person removed from a public place, 144.Sections 142 and 143: the detention conditions, 145.Transfer from one place of safety to another, 146.Maximum period of detention under Part 9, Duties and powers of police where person removed to place of safety, 147.Duty to inform certain persons where power of removal or transfer used, 148.Section 147: meaning of “the required information” etc, 150.Responsibilities of the appropriate officer, 153.Searches of person following removal to place of safety, 154.Searches and examination to ascertain identity, 157.Principles applying for purposes of Part 9, 159.Power of constable to use reasonable force, 161.Relationship of Part 9 to other provisions, 163.Section 162: meaning of “an accused person”, 164.Section 162: the medical report condition, Public protection orders with and without restrictions, 167.Public protection orders with and without restrictions, 168.Section 167: the detention conditions, 169.Section 167: the restriction condition, 170.Further provision about making of public protection orders, 172.Power to direct the ending of restrictions under a public protection order, 173.Effect of ending of restrictions under a public protection order, 174.Hospital direction when passing custodial sentence, 175.Conditions for giving hospital direction, CHAPTER 3 DETENTION UNDER A PUBLIC PROTECTION ORDER WITHOUT RESTRICTIONS, 179.Detention under a public protection order without restrictions, 180.Discharge from detention by responsible medical practitioner, 183.Sections 181 and 182: extension reports, 184.Extension of period where responsible person not of the requisite opinion, CHAPTER 4 DETENTION UNDER A PUBLIC PROTECTION ORDER WITH RESTRICTIONS, 190.Detention under a public protection order with restrictions, 191.Discharge from detention by Department of Justice, 192.Power to recall person who has been conditionally discharged, 193.Reports by responsible medical practitioner, 194.Direction for person to attend for purposes of justice etc, CHAPTER 5 DETENTION UNDER A HOSPITAL DIRECTION, 199.Section 198: meaning of “release date”, 200.Duties and powers to release from detention, 201.Reports by responsible medical practitioner, 204.Procedure where question of fitness to be tried arises, 205.Finding that the accused did the act or made the omission charged, 206.Procedure in relation to finding of insanity, 207.Powers to deal with person unfit to be tried or not guilty by reason of insanity, 208.Remission for trial where person no longer unfit to be tried, Procedure of court of summary jurisdiction, 209.Power to make order where the accused did the act or made the omission charged, 210.Power to make restraining order following finding of unfitness to plead etc, CHAPTER 7 TRANSFER FROM PRISON ETC TO HOSPITAL, 211.Power to transfer person serving custodial sentence etc to hospital, 212.Conditions for transfer under section 211, Civil prisoners and immigration detainees, 214.Transfer of civil prisoner or immigration detainee to hospital, 215.Detention in hospital on removal under section 214, 216.Termination of direction under section 214, Persons remanded in custody by magistrates’ court, 217.Transfer to hospital of person remanded by magistrates’ court, 218.Detention in hospital on removal under section 217, 219.Termination of direction under section 217 etc, 220.Transfer of certain other detainees to hospital, 221.Detention in hospital on removal under section 220, 222.Termination of direction under section 220, Conditions for transfer to hospital under section 214, 217 or 220, 223.Conditions for transfer to hospital under section 214, 217 or 220, General provisions about hospital transfer directions, 224.General provisions about hospital transfer directions, CHAPTER 8 RIGHTS OF REVIEW OF DETENTION UNDER PART 10, Applications and references to Tribunal: general, 227.Applications: visiting and examination, 228.Power of certain persons to refer case to Tribunal, 229.Duty of HSC trust to refer case to Tribunal, Powers of Tribunal as to public protection orders, 231.Powers of Tribunal as to public protection order without restrictions, 232.Powers of Tribunal as to public protection order with restrictions, 233.Sections 231 and 232: the prevention of serious harm condition, 234.Sections 231 and 232: additional powers of Tribunal etc, Effect of conditional discharge from public protection order with restrictions, 236.Applications and references to Tribunal where person recalled, 237.Applications to Tribunal where person has not been recalled, Powers of Tribunal as to hospital directions and hospital transfer directions, 238.Powers of Tribunal as to hospital directions and hospital transfer directions, 239.Section 238: additional powers of Tribunal, 240.Section 238: procedure where prevention of serious harm condition is not met, 242.Ways in which information must be provided, Detention under Part 10: further provision, 243.Section 20 may apply to person detained under Part 10, 245.Effect of court order or direction on previous authority for hospital detention, 247.Appeals against orders made on finding of unfitness to be tried etc, 248.Hospital directions: cases stated by magistrates’ courts, 251.Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain, 252.Interpretation of Part 10: references to disorder, CHAPTER 1 REMOVAL OF PERSONS FROM NORTHERN IRELAND, Removal to other parts of UK of persons detained under Part 2, 254.Removal of persons detained under Part 2 to England or Wales, 255.Removal of persons detained under Part 2 to Scotland, Removal to other parts of UK of persons detained under Part 10, 256.Removal of certain persons detained under Part 10 to England or Wales, 257.Removal of certain persons detained under Part 10 to Scotland, CHAPTER 2 PERSONS REMOVED FROM ENGLAND, WALES OR SCOTLAND TO NORTHERN IRELAND, 258.Persons to be detained under Part 2 after removal from England or Wales, 259.Persons to be detained under Part 2 after removal from Scotland, 260.Persons to be detained under Part 10 after removal from England or Wales, 261.Persons to be detained under Part 10 after removal from Scotland, 262.Removal or transfer from Northern Ireland: power to make further provision, 263.Persons removed or transferred to Northern Ireland: power to make further provision, 265.In-patients under 18: duties of hospital managers, 266.Amendments of Mental Health Order: children etc, 269.Unlawful detention of persons lacking capacity etc, 270.Assisting persons to absent themselves without permission, 271.Assisting breach of community residence requirement, 274.Renaming of Mental Health Review Tribunal, 275.Visiting etc powers of medical practitioners in connection with the Tribunal, 276.Power to make regulations about dealing with money and valuables, 277.Contravention of regulations under section 276(2), 279.Payment for necessary goods and services, 280.Appointment of approved social workers, 281.Miscellaneous functions of HSC trusts, Direct payments in place of provision of care services, 282.Direct payments in place of provision of care services, 284.Review of law relating to advance decisions, 287.Relationship of Act with law relating to murder etc, 290.Provision of information by HSC trusts and the Department, 291.Provision of facilities by HSC trusts and the Department, 293.Warrants: persons liable to be detained under 1983 Act or 2005 Order, 294.Provisions as to custody, detention etc, 295.Retaking of persons escaping from legal custody, 297.Panels constituted to decide applications: general provision, 298.Protection for acts done in pursuance of Part 9 or 10, 299.Risk of serious physical harm to others, 300.Medical practitioners who may make certain medical reports, Authorisation by panel of certain serious interventions.
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