Mental Capacity Act (Northern Ireland) 2016

Visiting etc powers of medical practitioners in connection with the Tribunal

275.—(1) This section applies where a statutory provision provides that a medical practitioner may do anything within this section in relation to a person.

(2) The medical practitioner may, at any reasonable time, visit the person and examine him or her in private.

(3) The medical practitioner may, at any reasonable time, require the production of, examine and take copies of—

(a) any health record (as defined by section 306) so far as it relates to the person;

(b) any other records relating to the person’s detention or care or treatment in any relevant place.

(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 the person’s consent.

(5) In this section “relevant place” means—

(a) a hospital;

(b) a care home;

(c) a place of a prescribed description.