Mental Capacity Act (Northern Ireland) 2016

Panels constituted to decide applications: general provision N.I.

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 [F1 (all of whom must be present during any proceedings of the panel).] [F1 , all of whom must be present during any proceedings of the panel, except where—

(a) the panel does not hear oral evidence,

(b) each of the members provides a written opinion, and

(c) the decision of the panel is unanimous.]

(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.

Textual Amendments

F1 Words in s. 297(2) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 11 para. 3 (with ss. 88-90, Sch. 11 para. 2); S.R. 2020/58, art. 2(e)

Modifications etc. (not altering text)

C1 S. 297(2) expiry of earlier affecting provision 2020 c. 7, Sch. 11 paras. 3-9 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Commencement Information

I1 S. 297 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)