Search Legislation

Mental Capacity Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

Part 3The criteria for authorisation

Criteria for treatment

9.—(1) In relation to the provision to P of particular treatment, the criteria for authorisation are—

(a)that P lacks capacity in relation to the treatment;

(b)that it would be in P’s best interests to have the treatment; and

(c)if P’s nominated person has reasonably objected to the proposal to provide the treatment and has not withdrawn that objection, that the prevention of serious harm condition is met.

(2) The prevention of serious harm condition is—

(a)that failure to provide the treatment to P would create a risk of serious harm to P or of serious physical harm to other persons; and

(b)that carrying out the treatment would be a proportionate response to—

(i)the likelihood of harm to P, or of physical harm to other persons; and

(ii)the seriousness of the harm concerned.

(3) Subsections (2) and (3) of section 22 (situations where there is a choice of treatments) apply for the purposes of sub-paragraph (2).

Criteria for detention amounting to deprivation of liberty

10.  In relation to detention of P in a place in circumstances amounting to a deprivation of liberty, the criteria for authorisation are that—

(a)appropriate care or treatment is available for P in the place in question;

(b)failure to detain P in circumstances amounting to a deprivation of liberty in a place in which appropriate care or treatment is available for P would create a risk of serious harm to P or of serious physical harm to other persons;

(c)detaining P in the place in question in circumstances amounting to a deprivation of liberty would be a proportionate response to—

(i)the likelihood of harm to P, or of physical harm to other persons; and

(ii)the seriousness of the harm concerned;

(d)P lacks capacity in relation to whether he or she should be detained in the place in question; and

(e)it would be in P’s best interests to be so detained.

Criteria for requirement to attend for treatment

11.  In relation to the imposition on P of a requirement to attend at a particular place at particular times or intervals for the purpose of being given particular treatment that would or might be treatment with serious consequences, the criteria for authorisation are that—

(a)failure to impose such a requirement would be more likely than not to result in P’s not receiving the treatment;

(b)P lacks capacity in relation to whether he or she should attend for the purpose of being given the treatment at the place and times or intervals concerned; and

(c)a requirement to attend for that purpose at the place and times or intervals concerned would be in P’s best interests.

Criteria for community residence requirement

12.  In relation to the imposition on P of a community residence requirement, the criteria for authorisation are that—

(a)failure to impose a community residence requirement would create a risk of harm to P;

(b)imposing such a requirement would be a proportionate response to—

(i)the likelihood of harm to P; and

(ii)the seriousness of the harm concerned;

(c)P lacks capacity in relation to the matters covered by the community residence requirement;

(d)any services which, under regulations under section 33, are required to be available to people subject to community residence requirements are available in the area in which P would be required by the community residence requirement to live; and

(e)the community residence requirement would be in P’s best interests.

Measures proposed to be carried out only if particular circumstances arise

13.  In applying the criteria in this Part of this Schedule in a case where a measure is proposed to be carried out only if particular circumstances arise, any question—

(a)whether the measure would be in P’s best interests,

(b)whether failure to carry out the measure would create a particular risk, or

(c)whether carrying out the measure would be a proportionate response,

is to be decided on the basis of what the situation would be if those circumstances arose.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources