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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Warrants

This section has no associated Explanatory Notes

292.—(1) This section applies if it appears to a lay magistrate, on complaint on oath made by an officer of an HSC trust or a constable—

(a)that there is reasonable cause to believe that a relevant person is to be found on any premises;

(b)that admission to the premises has been refused or that a refusal of such admission is apprehended; and

(c)that it is reasonable in the circumstances to issue a warrant.

(2) The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.

(3) A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).

(4) It is not necessary to name the relevant person in any complaint or warrant under this section.

(5) In this section “relevant person” means a person who—

(a)by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and

(b)is, by virtue of this Act, to be taken to that place.

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