Mental Capacity Act (Northern Ireland) 2016

Judicature (Northern Ireland) Act 1978 (c. 23)

1.  In section 116(1) (fees) after “Enforcement of Judgments Office” insert “or the Public Guardian”.

2.—(1) In Schedule 1 (appeals to Supreme Court in certain criminal matters), paragraph 4 is amended as follows.

(2) In sub-paragraph (3)—

(a) for the words from “the Mental Health” to “45)” substitute “Part 10 of the Mental Capacity Act (Northern Ireland) 2016 (except an order under section 162 of that Act or an interim detention order within the meaning of Part 10 of that Act)”;

(b) for each “the said Order” substitute “that Act”;

(c) for “renewal of authority for detention” substitute “extension of the period of an order”;

(d) for “patients” substitute “persons”.

(3) In sub-paragraph (3A)—

(a) for the words from the first “interim” to “1986” substitute “interim detention order within the meaning of Part 10 of the Mental Capacity Act (Northern Ireland) 2016”;

(b) in paragraph (b)—

(i) for “Part III of that Order” substitute “Part 10 of that Act”;

(ii) for “transfer direction together with a restriction direction” substitute “direction under section 220 of that Act”;

(c) in paragraph (c) for the words from “paragraph (2)” to the end substitute “section 178(6) of that Act (power of court to make public protection order in absence of person subject to an interim detention order) applies as if the defendant were still subject to an interim detention order.”.