Mental Capacity Act (Northern Ireland) 2016

Powers of Court VisitorsN.I.

This section has no associated Explanatory Notes

131—(1) The powers under subsection (2) and (3) may be exercised for the purpose of enabling a Court Visitor to carry out his or her functions under this Act in relation to a person who lacks capacity.

(2) The Court Visitor may visit the person and interview the person in private.

(3) The Court Visitor may at all reasonable times require the production of, examine and take copies of—

(a)any health record (as defined by section 306), or

(b)any relevant record,

so far as the record relates to the person.

(4) But if the person has capacity in relation to whether the power under subsection (3) should be exercised, the power may be exercised only with his or her consent.

(5) In this section “relevant record” means a record relating to the person's care, treatment or personal welfare which is a record of or held by—

(a)an HSC trust;

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)RQIA;

(d)a Northern Ireland department or its employees or agents;

(e)the managing authority of an independent hospital; or

(f)the managing authority of a care home.

Textual Amendments