Mental Capacity Act (Northern Ireland) 2016

Duty to revoke requirement where criteria no longer met

29.—(1) If—

(a) an attendance requirement has been authorised under Schedule 1 and has been imposed on a person, and

(b) at any time after the imposition of the requirement, the medical practitioner in charge of the treatment considers that any of the conditions in subsection (2) is no longer met,

the requirement must be revoked.

(2) Those conditions are—

(a) that the person lacks capacity in relation to whether he or she should attend at the place and times or intervals concerned for the purpose of being given the treatment;

(b) that it is more likely than not that, without the attendance requirement, the person would not receive the treatment;

(c) that the attendance requirement is in the person’s best interests.

(3) Nothing in subsection (1) limits the effect of section 28 (under which acts to ensure compliance with an attendance requirement are unlawful if certain conditions are not met).

(4) Where an attendance requirement is revoked in the circumstances mentioned in subsection (1)(b), another attendance requirement may not be imposed on the person by virtue of the same authorisation.

(5) In this section “attendance requirement” has the same meaning as in section 28.