Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 6 – High Court Powers: Decisions and Deputies

Section 121 - Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)

This section sets out the powers of the Public Guardian or Court visitor in respect of reports made under section 120(2).

The section provides that in order to comply with the court’s wishes, the Public Guardian or a Court Visitor may at all reasonable times require the production of, examine and take copies of any health record, any court record or any record relating to P’s care, treatment or personal welfare which is held by a HSC trust, the Regional Board or the RQIA, a Northern Ireland Department, or the managing authority of an independent hospital or care home.

If the Public Guardian or a Court Visitor is visiting P in the course of compiling a report for the court, he or she may interview P in private. The section also provides that if a Court Visitor is also a Special Visitor, he or she may, if the court directs, carry out in private a medical, psychiatric or psychological examination of P’s capacity and condition.