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Mental Capacity Act (Northern Ireland) 2016

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

Commentary on Sections

Part 11 – Transfer between Jurisdictions

Section 260 – Persons to be detained under Part 10 after removal from England or Wales

This section applies where a person is transferred from England or Wales to Northern Ireland and immediately before being removed was subject to a hospital order, hospital direction or a transfer direction in England or Wales. Certain obligations are placed on the HSC Trust to (1) notify RQIA of the person’s admission to an appropriate establishment; (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. Provision is also made to treat a person as if a particular order or direction under Part 10 had been made or given in respect of that person. Additionally, provision is made so that the order or direction that is treated as having been made or given in respect of the person is so treated for particular purposes from a specified date.

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Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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