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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Panels constituted to decide applications: general provision

This section has no associated Explanatory Notes

297.—(1) In this section “panel” means a panel constituted under—

(a)Schedule 1 (applications for authorisation);

(b)Schedule 3 (applications for extension of period of authorisation);

(c)Schedule 6 (applications for extension of period of public protection order without restrictions).

(2) A panel must have 3 members (all of whom must be present during any proceedings of the panel).

(3) Regulations may make further provision about the membership or procedure of panels, including—

(a)provision requiring panels to give prescribed persons the opportunity to make representations;

(b)provision enabling a panel to request prescribed persons to provide information to the panel or attend before the panel to give oral evidence;

(c)provision about steps that a panel is, or is not, to be regarded as required by section 7 to take where it has to make a determination of what would be in a person’s best interests;

(d)provision for cases where a panel cannot reach a unanimous decision.

(4) The Department may by regulations amend any of the following—

(a)the definition of “the permitted period” in paragraph 19(2) of Schedule 1;

(b)any period mentioned in paragraph 20(2)(b) or (3)(b) of that Schedule;

(c)the definition of “the permitted period” in paragraph 9(2) of Schedule 3;

(d)the definition of “the permitted period” in paragraph 9(2) of Schedule 6.

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