Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 10 – Criminal Justice

Chapter 9 – Supplementary
Section 241 - Provision of information

This section contains a power to make regulations that may provide that information is to be given to certain prescribed persons at prescribed times when a public protection order, hospital direction or hospital transfer direction is made, or in such other circumstances where a person is or has been detained by virtue of this Part as may be prescribed in regulations.

Any regulations must include provision for the purpose of ensuring that where a person has been detained as a result of Part 10, that person is, as soon as practicable, made aware of the provision under which he or she has been detained, the effect of that provision and the rights of review by the Tribunal that are available. The regulations must also provide that, where a person is detained under this Part and discharged from being liable to be so detained, the person is informed in writing of that discharge.