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The police must keep annual records of persons detained in hospitals and police stations under Part 9.
This section provides that annual records must be kept by the police of the number of persons detained in hospital and the number of persons detained in police stations under this Part.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The High Court can appoint a deputy to make decisions on behalf of an individual who lacks capacity.
If P lacks capacity to make such decisions, the High Court may, by order, make a decision or decisions on P’s behalf in relation to those matters or appoint a deputy to make decisions on P’s behalf in relation to those matters.
Service · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
An attorney acting under an LPA must follow the principles and best interests test as set out in the Mental Capacity Act.
The attorney is subject to the provisions of the Act, in particular the principles of the Act and the best interests test must be followed.
Service · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
A lasting power of attorney (LPA) can cover decisions about care, treatment, and personal welfare if the donor lacks capacity.
LPAs covering care, treatment and personal welfare decisions can only be used where the donor lacks capacity or the attorney reasonably believes that the donor lacks capacity.
Service · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Act requires HSC trusts to make arrangements for independent mental capacity advocates, including provisions for payment and ensuring the advocate's independence from those responsible for carrying out proposed acts.
This section places a duty on each HSC trust to make arrangements to ensure that independent mental capacity advocates are available to be instructed as the Act requires, which may include arrangements for payment. In making these arrangements, HSC trusts must have regard to the principle that the advocate should be independent from the person who is responsible for carrying out the proposed act.
Operational · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Act provides that a person's detention under Part 2 of the Mental Health Order cannot be used as grounds for dismissing or excluding them from any office, occupation, or employment.
The detention or failure to disclose it can also not be used as grounds for dismissing or excluding the person from any office etc. or prejudicing the person in any way in any occupation or employment.
Operational · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Mental Capacity Act allows the Department to modify provisions of Part 2 when a person is under 16 at the time an intervention is proposed but will be over 16 by the time it is carried out.
This section provides the Department with a regulation making power to modify any provisions of Part 2 for cases where a person is under 16 when a particular intervention is proposed, but will be over 16 when the intervention is carried out.
Operational · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Act requires that a nominated person and an independent mental capacity advocate must be involved in medical reports for authorisations under Schedule 1 or 2.
Sections 54 and 55 require that a nominated person and an independent mental capacity advocate must be in place and, where practicable and appropriate, consulted and their views taken into account when a person making a medical report, required for the purposes of an authorisation under Schedule 1 or 2
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
An authorisation under Schedule 1 can be extended initially for six months and yearly thereafter without referral back to the HSC trust panel.
Sections 37 and 38 provide that, if the criteria for authorisation continue to be met, an authorisation granted under Schedule 1 can be extended initially for six months and yearly thereafter without referral back to the HSC trust panel.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Act aims to address the legislative gap in Northern Ireland regarding deprivations of liberty for individuals lacking capacity.
The Act aims to address the legislative gap in Northern Ireland for such deprivations of liberty of persons who lack capacity in relation to them, in a way that avoids many of the difficulties encountered in other jurisdictions and takes account of developments in ECHR and domestic case law.
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The defence provided by Section 9 of the Mental Capacity Act (Northern Ireland) 2016 protects individuals from liability when acting in P's best interests, but excludes acts done without P's consent if required.
Section 9 also provides that the act must be one in respect of which D would have incurred liability if P had had capacity but did not consent to it. This would exclude any act done in pursuance of a statutory power that does not require P’s consent.
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Mental Capacity Act (Northern Ireland) 2016 provides a list of factors that must be balanced when determining what is in P's best interests.
Instead, section 7 provides a list of factors that are not intended to be exhaustive but which must all be balanced in order to comply with the principle in section 2.
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Act aims to integrate mental capacity legislation with mental health legislation, enhancing protections for individuals who lack capacity.
This new single legislative framework would help to reduce the stigma associated with having separate mental health legislation and provide an opportunity to enhance protections for persons who lack capacity
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Act introduces a new Office of the Public Guardian and restructuring of the Mental Health Review Tribunal.
These changes include the introduction of a new Office of the Public Guardian, additional powers for the High Court, and restructuring of the Mental Health Review Tribunal.
Operational · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Mental Capacity Act (Northern Ireland) 2016 aims to provide new safeguards for individuals who lack capacity.
Part 2 aims to do the same but, crucially, it requires additional safeguards to be put in place where the intervention is serious, before the legal protection can be availed of.
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016 — explanatory notes, [page]
The Department must review the law on advance decisions to refuse treatment and produce a report within three years of this section coming into operation.
Before the third anniversary of the day this section comes into operation, the Department must—(a)review the law relating to advance decisions to refuse treatment; and(b)produce a report setting out the conclusions reached on the review (including any proposals for changes to that law).
Strategic · Commitment statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
HSC trusts can provide financial assistance to individuals who lack capacity and are receiving care or treatment.
An HSC trust may, to such extent as may be prescribed or approved by the Department—(a)pay to persons who lack capacity, and who are receiving care or treatment in any place, such amounts as the trust considers appropriate in respect of those persons' occasional personal expenses where it appears to the trust that those persons would otherwise be without resources to meet those expenses;
Financial · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
HSC trusts must appoint sufficient social workers to perform functions related to people who lack capacity.
An HSC trust must appoint a sufficient number of social workers under this section for the purpose of performing the functions conferred on approved social workers by or under this Act.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
A hospital transfer direction ceases to have effect if a relevant notification indicates no serious harm would result from transferring the person.
(a)in the practitioner's opinion it is more likely than not that, if A were transferred under subsection (3), no serious physical or psychological harm to A or serious physical harm to other persons would result from A's ceasing to be provided with treatment for the disorder as an in-patient in hospital;
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The Department of Justice must consider public interest and circumstances before directing a person to be transferred to a hospital.
that, having regard to the public interest and all the circumstances, and in particular to the matters mentioned in subsection (3), the Department of Justice considers that giving the direction is appropriate;
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]