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Mental Capacity Act (Northern Ireland) 2016
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- Acts of the Northern Ireland Assembly
- 2016 c. 18
- SCHEDULE 2
- Part 2
- Consultation required before report...
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Changes over time for: Cross Heading: Consultation required before report authorising detention is made
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Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Cross Heading: Consultation required before report authorising detention is made is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 2 Part 2 Crossheading Consultation-required-before-report-authorising-detention-is-made:
- s. 285(2)(a)-(c) substituted for s. 285(2)(a)(b) by 2022 c. 18 (N.I.) Sch. 3 para. 77(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 285(2)(a)-(c) substituted for s. 285(2)(a)(b) by 2022 c. 18 (N.I.) Sch. 3 para. 77(b)
Consultation required before report authorising detention is madeN.I.
5 A person may make a report under paragraph 2 only if the person has personally seen P not more than [F1two days] [F1five days] before the date on which that report is made.N.I.
Textual Amendments
F1Words in Sch. 2 para. 5 substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 7 (with ss. 88-90, Sch. 11 para. 2); S.R. 2020/58, art. 2(e)
Modifications etc. (not altering text)
C1Sch. 2 para. 5 expiry of earlier affecting provision 2020 c. 7, Sch. 11 paras. 3-9 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Commencement Information
I1Sch. 2 para. 5 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)
6—(1) Where—N.I.
(a)it is proposed to make a report under paragraph 2, and
(b)P's nominated person objects to the making of the report,
a person may make a report under paragraph 2 in respect of P [F2only if the person has consulted an approved social worker.] [F2only if—
(a)the person has consulted an approved social worker, or
(b)the person considers that it is impractical or would involve undesirable delay to consult an approved social worker, the person has consulted a relevant social worker.]
(2) This applies even if the person making the report under paragraph 2 is an approved social worker.
Textual Amendments
F2Words in Sch. 2 para. 6(1) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 8(1) (with ss. 88-90, Sch. 11 para. 2); S.R. 2020/58, art. 2(e)
Modifications etc. (not altering text)
C2Sch. 2 para. 6(1) expiry of earlier affecting provision 2020 c. 7, Sch. 11 paras. 3-9 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Commencement Information
I2Sch. 2 para. 6 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)
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