Mental Capacity Act (Northern Ireland) 2016

PART 12 CHILDREN

In-patients under 18: duties of hospital managers

265.—(1) This section applies in relation to a person who—

(a) is 16 or over, but under 18; and

(b) is an in-patient in a hospital for the purposes of the assessment or treatment of mental disorder under this Act.

(2) The managing authority of the hospital must ensure that (subject to the person’s needs) the person’s environment in the hospital is suitable having regard to his or her age.

(3) For the purpose of deciding how to fulfil the duty under subsection (2), the managing authority must consult a person who appears to that authority to have knowledge or experience which makes that person suitable to be consulted.

Amendments of Mental Health Order: children etc

266.—(1) Schedule 8—

(a) restricts the application of Part 2 of the Mental Health Order to children;

(b) amends that Order so as to—

(i) make provision for independent advocates for children; and

(ii) require persons making certain decisions to have a child’s best interests as their primary consideration;

(c) makes other amendments of that Order.

(2) In this section “children” means children under 16.