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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Duty to inform certain persons where power of removal or transfer used

This section has no associated Explanatory Notes

147.—(1) This section applies where a constable takes a person (“R”) to a place of safety under section 139 or 145.

(2) The constable must ensure that, as soon as practicable after R arrives at the place of safety, the required information is given to⁠—

(a)the HSC trust in whose area that place of safety is situated;

(b)the appropriate person; and

(c)if the appropriate person does not live with R and it is practicable to give the information to a relevant person who lives with R, such a person.

(3)  But if⁠—

(a)it is not practicable to give the required information to the appropriate person, and

(b)it is practicable to give the required information to a relevant person,

subsection (2) has effect as if the reference in paragraph (b) to the appropriate person were to a relevant person.

(4) In this section⁠—

“the appropriate person” means—

(a)

if R is 16 or over, any person who is R’s nominated person;

(b)

if R is under 16, a person with parental responsibility for R;

“relevant person” means a person who is 16 or over and is—

(a)

named by R as someone to whom the information should be given;

(b)

engaged in caring for R; or

(c)

interested in R’s welfare;

“the required information” has the meaning given by section 148.

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