Mental Capacity Act (Northern Ireland) 2016

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

Commentary on Sections

Part 11 – Transfer between Jurisdictions

Sections 258 and 259 – Persons to be detained under Part 2 after removal from England or Wales or Scotland to Northern Ireland

Section 258 makes provision for the transfer of a person who is aged 16 or over and who is liable to be detained for treatment under Part 2 of the 1983 Act from England or Wales to Northern Ireland. It places certain obligations upon the relevant HSC Trust to: (1) notify RQIA of the person’s admission to hospital; (2) arrange for a report to  be made (the form of which is to be prescribed) within 28 days of admission; and (3) forward a copy of that report to RQIA as soon as practicable.

The effect of the section is that an authorisation under Schedule 1 is deemed to have been granted for the purposes of P’s detention in hospital in Northern Ireland to provide care or treatment to P.

Section 259 makes provision for the transfer of a person who is aged 16 or over and who is subject to a compulsory treatment order under section 64 of the 2003 Act from Scotland to Northern Ireland. It places the same obligations on the relevant Trust as section 258 in respect of such transfers. The effect of the section is also the same as section 258.