The Mental Capacity (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2019

Sections 1 to 8

Principles, including capacity assessment and best interests

Sections 132 to 138

Research

Section 266(1)(c) and Schedule 8 paragraphs 1, 2, 3(1), (2), (3) but omit after “(Northern Ireland) 2016” and (9), 4 but omit until “In-patients under 16: duties of hospital managers”, 38, 39, 47, 48(1), (2), (5) and (6), and 71”.

Amendments to the Mental Health (Northern Ireland) Order 1986 to allow for a functioning Review Tribunal and to provide a duty on hospital managers in relation to age appropriate accommodation

Section 274

The Review Tribunal - renaming

Section 276

Money and valuables

Section 303(2) and Schedule 11 in so far as it relates to Article 83 of, and Schedule 3 paragraph 4(1) and 5 to, the Mental Health (Northern Ireland) Order 1986

Repeals of parts of the Mental Health (Northern Ireland) Order 1986

Sections 1 to 8

Principles, including capacity assessment and best interests

Section 9(1) to (3)

Protection from liability - general

Section 9(4)(b)

Protection from liability – additional safeguards

In section 9(4)(d) “sections” and “24,26”

Protection from liability – additional safeguards

Section 9(5) and (6)

Protection from liability – help and support and parents

Section 10(1)

Limitations of section 9

Sections 13 to 15

Additional safeguards – formal assessment of capacity and nominated persons

Section 24

Deprivation of liberty – additional safeguards

Section 25 and Schedule 1 paragraphs 1, 2(1), 2(2)(b), 2(3), 2(4)(b), 3, 5 to 8, 10, 13 to 16, 19, 20 and 22 to 27 and Schedule 2

Deprivation of liberty – additional safeguards

Sections 26 and 27

Deprivation of liberty – additional safeguards

Sections 37 to 39

Extensions of authorisation

Section 40 and Schedule 3 paragraphs 1, 2(1), 2(2), 2(3)(a), 3 to 9

Extension of authorisation

Section 41(1), (2)(b), (3) and (4)

Extensions of authorisation

Section 42

Extensions of authorisation

Section 43(1) to (6) and (7)(a)

Extensions of authorisation

Section 44

Extensions of authorisation

Section 45(1) to (3)

Review Tribunal applications

Section 45(4) but omitting “section 29(4) or 32(4) or”

Review Tribunal applications

Sections 46 to 48

Review Tribunal applications

Section 50(1)(a), (b) but omitting “or (d)”, (c), (2) and (3)

References to the Tribunal

Section 51(1) to (3), (4)(b) and (5)

Review Tribunal powers

Sections 52 and 53

Review Tribunal powers

Section 54

Medical reports and nominated person

Section 56(1), (2)(a), (3) and (4)

Medical reports and emergency situations

Sections 57 to 59

Provisions of information and other supplementary provisions

Section 60(1) and (2)(d)

Acts where Part 2 is not applicable

Sections 61 and 62

Power to make further provisions and disregard

Section 63(2)(a)

Protection from liability – definition of serious intervention

Section 64

Protection from liability – definition of serious intervention

Section 65(1) but omitting “16” to “20” and “28 and 35”, (2) to (5)

Emergency provisions

Section 66(1)(a), (b), (d) but omitting “19,20” and “28”, (2) to (6)

Emergency provisions – definitions etc

Sections 67 to 68

Failure by person other than D to take steps to ensure safeguards are met and interpretations of Part 2

Sections 69 to 79

Nominated persons provisions

Section 80(1) to (4), (5)(a) to (c), (f) and (g), (6) and (7)

Nominated persons provisions

Sections 81 to 85

Nominated persons provisions

Section 267(1), (2)(a), (3) and (4)

Offence of ill-treatment and neglect

Section 268(1), (2), (3)(a), (c), (d), (4), (5)

Offence of forgery, false statement, etc

Section 270

Offence of assisting a person to absent themselves

Section 272(1) to (3), (4)(b) until “48” and (c) but omitting “or 126”

Offences of obstruction

Section 273

Offences by bodies corporate

Section 275

Review Tribunal

Section 280

Approved social workers

Section 281

Miscellaneous functions of HSC trusts

Section 288(1)(a) to (c), (e) and (i), (2) to (8)

Code of Practice

Section 289(1), (2)(a), (b), (3) and (4)

Code of Practice

Sections 290(1) and (2)(a), (c) and (d) and 291(1) and (2)(a) and (c) and (3)

Provision of information and facilities

Section 292

Warrants

Section 296

Special accommodation

Section 297

Trust panels

Section 299

Risk of serious physical harm to others

Section 300(1)(a) and (c) to (e), and (2) to (4)

Medical practitioners who can make medical reports

Section 301

Documents appearing to be duly made

Section 269

Offence of unlawful detention