Mental Capacity Act (Northern Ireland) 2016

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)