Mental Capacity Act (Northern Ireland) 2016

Prospective

This section has no associated Explanatory Notes

35—(1) Article 67 (review of treatment) is amended as follows.N.I.

(2) In paragraph (1) after “63(2)” insert “ , 63A, 63B ”.

(3) In paragraph (2)—

(a)for “subject to a restriction order or restriction direction” substitute “ liable to be detained by virtue of an order or direction under Part 10 of the 2016 Act ”;

(b)in sub-paragraph (b) for the words from “the responsible medical officer” to the end substitute “ a relevant report is made in respect of the patient. ”.

(4) After that paragraph insert—

(2A) In paragraph (2)(b) “relevant report” means a report under any of the following provisions of the 2016 Act—

(a)section 183 or paragraph 5 of Schedule 6 (reports extending public protection orders without restrictions);

(b)section 193 (reports on persons subject to public protection orders with restrictions);

(c)section 201 (reports on persons subject to hospital directions and hospital transfer directions)..

(5) In paragraph (3)—

(a)after “63(2)” insert “ , 63A, 63B ”;

(b)for “63 and 64” substitute “ 63 to 64 ”.