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Mental Capacity Act (Northern Ireland) 2016

Section 147 - Duty to inform certain persons where power of removal or transfer used

This section provides that where the power to take or transfer a person to a place of safety is used, the constable must ensure that certain information (contained in section 148) is provided as soon as practicable after the person (“R”) arrives at a place of safety. This information must be given to the HSC trust in whose area that place of safety is located; an appropriate person; and, if the appropriate person does not live with R and it is practicable to give the information to a person who lives with R who is aged 16 or over, and is named by R as someone to whom the information should be given or who is engaged in caring for R or who is interested in his or her welfare, that person.

However, if it is not practicable to give the information to the appropriate person but it is practicable to give the information to a person who is aged 16 or over and is named by R as someone to whom the information should be given or is engaged in caring for R or interested in his or her welfare, the constable must instead ensure that that person is given the information as soon as practicable after R arrives at the place of safety.

The section defines “appropriate person” as any person who is R’s nominated person if R is aged 16 or over, or if R is aged under 16, a person who has parental responsibility for R.

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