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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Applications to the court

This section has no associated Explanatory Notes

122.—(1) No leave is required for an application to the court for the exercise of any of its powers under this Part—

(a)by a person who lacks, or is alleged to lack, capacity;

(b)if such a person is under 18, by anyone with parental responsibility for that person;

(c)where the application relates to a lasting power of attorney or enduring power of attorney and the application is made by the donor or any person who is an attorney under the power;

(d)by a deputy appointed by the court for a person to whom the application relates;

(e)by a person named in an existing order of the court, if the application relates to the order; or

(f)where the application is made by virtue of section 129 (proceedings following inquiry by Public Guardian).

(2) But, subject to rules of court and to paragraph 21(2) of Schedule 9 (declarations relating to private international law), leave is required for any other application to the court for the exercise of any of its powers under this Act.

(3) In deciding whether to grant leave the court must (in particular) have regard to—

(a)the applicant’s connection with the person to whom the application relates;

(b)the reasons for the application;

(c)the benefit to the person to whom the application relates of a proposed order or directions; and

(d)whether the benefit can be achieved in any other way.

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