Mental Capacity Act (Northern Ireland) 2016

Provision of information

Provision of information

241.—(1) Regulations may make provision requiring a prescribed person to give prescribed information to prescribed persons—

(a) where a public protection order is made;

(b) where a hospital direction or hospital transfer direction is given; or

(c) in such other circumstances where a person is, or has been, detained by virtue of this Part as may be prescribed.

(2) The regulations may include provision as to when the information must be given.

(3) The information that may be prescribed by regulations made under this section, or by regulations made under any other provision of this Part which requires prescribed information to be given to a person, includes a copy of a prescribed document.

(4) Regulations under this section must, in particular, include provision for the purposes of ensuring—

(a) that, where a person is detained by virtue of this Part, the person is made aware as soon as practicable of—

(i) the provisions of this Part by virtue of which he or she is detained, and the effect of those provisions; and

(ii) what rights are available under Chapter 8 (review by the Tribunal);

(b) that, where a person who has been detained by virtue of this Part is discharged from being liable to be so detained, the person is informed in writing of that discharge.

Ways in which information must be provided

242.—(1) Regulations may make provision about the way in which relevant information must be given to prescribed persons.

(2) In this section “relevant information” means information which is—

(a) required to be given by any provision of this Part or of regulations made under this Part; and

(b) specified by the regulations under this section.

(3) Regulations under this section may in particular require information to be given orally as well as in writing.