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Mental Capacity Act (Northern Ireland) 2016

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Interpretation of Part 10: generalN.I.
This section has no associated Explanatory Notes

253—(1) In this Part—

appropriate care or treatment”, in relation to a person, means care or treatment which is (or care and treatment which are) appropriate in that person's case;

appropriate establishment” has the meaning given by section 167;

approved medical practitioner” means a medical practitioner approved by RQIA for the purposes of this Part;

custodial sentence” has the same meaning as in Chapter 2 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (see Article 4(1) of that Order);

disorder” has the meaning given by section 252;

hospital direction” has the meaning given by section 174;

hospital transfer direction” has the meaning given by section 224;

interim detention order” has the meaning given by section 177;

juvenile justice centre” has the meaning given by Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“the period” of a public protection order without restrictions has the meaning given by section 181;

prison” has the same meaning as in the Prison Act (Northern Ireland) 1953;

public protection order” has the meaning given by section 167;

public protection order with restrictions” has the meaning given by that section;

public protection order without restrictions” has the meaning given by that section;

remand centre” has the meaning given by section 2(b) of the Treatment of Offenders Act (Northern Ireland) 1968;

the responsible medical practitioner”, in relation to a person liable to be detained in a hospital or other establishment by virtue of this Part, means the medical practitioner who is in charge of the person's care (see also subsection (2));

supervision and assessment order” has the meaning given by paragraph 1(1) of Schedule 7;

young offenders centre” has the meaning given by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968.

(2) Regulations may provide that the medical practitioner in charge of a person's care may carry out prescribed functions of the responsible medical practitioner under this Part only if—

(a)the practitioner is an approved medical practitioner; or

(b)any other prescribed condition is met.

(3) Any reference in this Part to an offence punishable on summary conviction with imprisonment includes a reference to an indictable offence which may be tried summarily.

(4) For the avoidance of doubt, a remand, order or direction of a court under this Part is not to be regarded for the purposes of section 2 or any other purpose of this Act as an act done or decision made for or on behalf of a person.

(5) See also sections 304 to 306 (definitions for purposes of Act).

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