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Mental Capacity Act (Northern Ireland) 2016

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Part 5 N.I.Co-operation

Proposal for cross-border placementN.I.

26—(1) This paragraph applies where a public authority proposes to place an adult in an establishment in a Convention country other than Northern Ireland.N.I.

(2) The public authority must consult an appropriate authority in that other country about the proposed placement and, for that purpose, must send it—

(a)a report on the adult; and

(b)a statement of its reasons for the proposed placement.

(3) If the appropriate authority in the other country opposes the proposed placement within a reasonable time, the public authority may not proceed with it.

27  A proposal received by a public authority under Article 33 in relation to an adult is to proceed unless the authority opposes it within a reasonable time.N.I.

Adult in danger etcN.I.

28—(1) This paragraph applies if a public authority is told that an adult—N.I.

(a)who is in serious danger, and

(b)in relation to whom the public authority has taken, or is considering taking, protective measures,

is, or has become resident, in a country other than Northern Ireland.

(2) The public authority must tell an appropriate authority in that other country about—

(a)the danger; and

(b)the measures taken or under consideration.

29  A public authority may not request from, or send to, an appropriate authority in a country other than Northern Ireland information in accordance with Chapter 5 (co-operation) in relation to an adult if it considers that doing so—N.I.

(a)would be likely to endanger the adult or the adult's property; or

(b)would amount to a serious threat to the liberty or life of a member of the adult's family.

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