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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Section 35: relevant acts

This section has no associated Explanatory Notes

36.—(1) In section 35 “relevant act” means any of the following—

(a)an act which amounts to a deprivation of P’s liberty, or one of a number of acts that together amount to such a deprivation;

(b)the imposition on P of a requirement to attend at a particular place at particular times or intervals for the purpose of being given treatment that would or might be treatment with serious consequences;

(c)the imposition on P of a community residence requirement;

(d)the provision of serious compulsory treatment;

(e)a serious compulsory intervention not falling within paragraphs (a) to (d).

(2) For the purposes of subsection (1)(d) an act is “the provision of serious compulsory treatment” if—

(a)it is, or is done in the course of, the provision to P of treatment with serious consequences; and

(b)the treatment is carried out despite a reasonable objection from P’s nominated person or subsection (4) applies.

(3) For the purposes of subsection (1)(e) an act is a “serious compulsory intervention” if—

(a)it is, or is part of, a serious intervention; and

(b)the intervention is carried out despite a reasonable objection from P’s nominated person or subsection (4) applies.

(4) This subsection applies if—

(a)the act—

(i)is resisted by P (see section 68); or

(ii)is done while P is subject to an additional measure (see section 23); and

(b)the circumstances are such as may be prescribed.

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