Mental Capacity Act (Northern Ireland) 2016

Detention covered by authorisation

18.—(1) This paragraph applies where a report is made under paragraph 2.

(2) The authorisation granted by the making of the report authorises—

(a) the detention (at any time when the authorisation is in force) of P in the hospital specified in the report for the purposes of examination, or of any treatment or care following examination;

(b) any related detention which may occur while the authorisation is in force.

(3) In sub-paragraph (2) “related detention” means—

(a) any detention of P while P is being taken to the hospital specified in the report;

(b) any detention of P while P is absent from the hospital, if the detention—

(i) is in pursuance of a condition imposed in accordance with section 27 (permission for absence from hospital); and

(ii) is for no longer than 7 days.

(4) In sub-paragraphs (2) and (3) “detention” means detention in circumstances amounting to a deprivation of liberty.

(5) Nothing in the authorisation or this paragraph affects the operation of this Part of this Act in relation to any detention of P in circumstances not amounting to a deprivation of liberty.