Please note:
All reference to 'Parts' and 'sections' are from the Mental Capacity Act (Northern Ireland) 2016. For other versions of these Explanatory Notes, see More Resources.
Part 2 – Lack of Capacity: Protection from Liability, and Safeguards
Chapter 1 – Protection from Liability, and General Safeguards
Chapter 5 – Additional Safeguard: Independent Mental Capacity Advocate
Chapter 7 – Rights of Review of Authorisation
Section 47 – Power of certain persons to refer case to Tribunal
Section 49 – References etc to Tribunal: persons formerly detained under the Mental Health Order
Section 50 – Duty of HSC trust to notify the Attorney General
Section 51 – Powers of Tribunal in relation to authorisation under Schedule 1
Section 52 – Powers of Tribunal in relation to authorisation under Schedule 2
Section 53 – Sections 51 and 52: additional powers of Tribunal
Section 77 – Declaration that particular person not to be nominated person
Section 78 – Notice declining to be a person’s nominated person
Section 80 – Application to Tribunal for appointment of nominated person
Section 82 – Tribunal’s power to disqualify person from being default nominated person
Section 83 – Revocation of Tribunal’s appointment where P regains capacity
Part 4 – Independent Mental Capacity Advocates
Section 87 – Functions of independent mental capacity advocates: provision of support, etc
Section 88 – Request for independent mental capacity advocate to be instructed
Section 89 – Steps to be taken before independent mental capacity advocate may be requested
Section 90 – Right to declare that no independent mental capacity advocate to be instructed
Section 91 – Instruction of independent mental capacity advocate
Section 92 – Powers of independent mental capacity advocates
Section 93 – Right of person to discontinue involvement of independent mental capacity advocate
Section 94 – Continuing duty of trust in relation to independent mental capacity advocate
Section 96 – Power to adjust role of independent mental capacity advocate
Part 5 – Lasting Powers of Attorney
Chapter 1 - Lasting Powers of Attorney
Section 98 – Restrictions on scope of lasting power of attorney
Section 99 – Relationship between advance decisions and lasting powers of attorney
Section 101 – Appointment of attorneys: requirements as respects attorneys
Section 104 – Appointment of two or more replacements for a single initial appointee
Section 105 – Replacement attorneys: position where two or more initial appointees
Section 106 – Revocation of lasting power etc by donor or on donor’s bankruptcy
Section 107 – Revocation etc: events relating to the attorney
Section 108 – Protection of attorney and others if no power created or power revoked
Section 109 – Reliance on authority of attorney in relation to treatment etc
Section 110 – Powers of court as to lasting powers of attorney
Section 111 – Powers of court as to operation of lasting powers of attorney
Part 6 – High Court Powers: Decisions and Deputies
Section 113 – The court’s powers to make decisions and appoint deputies: general
Section 114 – Section 113 powers: care, treatment and personal welfare
Section 118 – Reliance on authority of deputy in relation to treatment etc
Section 121 - Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)
Part 9 – Power of Police to Remove Person to Place of Safety
Section 139 - Power of police to remove person from public place to place of safety
Section 141 - Search of person on exercise of power to remove
Section 142 - Power of police to detain in hospital a person removed from a public place
Section 143 - Power to detain in police station a person removed from a public place
Section 144 - Sections 142 and 143: the detention conditions
Section 147 - Duty to inform certain persons where power of removal or transfer used
Section 148 - Section 147: meaning of “the required information”
Section 153 - Searches of person following removal to place of safety
Section 154 - Searches and examination to ascertain identity
Chapter 2 – Powers of Court on Conviction
Section 167 - Public protection orders with and without restrictions
Section 170 - Further provision about making of public protection orders
Section 172 - Power to direct the ending of restrictions under a public protection order
Section 173 - Effect of ending restrictions under a public protection order
Section 174 - Hospital direction when passing custodial sentence
Chapter 3 – Detention under a Public Protection Order Without Restrictions
Chapter 4 – Detention under a Public Protection Order With Restrictions
Chapter 5 – Detention under a Hospital Direction
Chapter 6 – Unfitness to Be Tried Etc
Section 204 - Procedure where question of unfitness to be tried arises
Section 205 - Finding that the accused did the act or made the omission charged
Section 207 - Powers to deal with person unfit to be tried or not guilty by reason of insanity
Section 208 - Remission for trial where person no longer unfit to be tried
Section 209 - Power to make order where the accused did the act or made the omission charged
Section 210 – Power to make restraining order following finding of unfitness to plead etc
Chapter 7 – Transfer from Prison Etc to Hospital
Section 211 - Power to transfer person serving custodial sentence etc to hospital
Section 214 - Transfer of civil prisoner or immigration detainee to hospital
Section 215 - Detention in hospital on removal under section 214
Section 217 - Transfer to hospital of person remanded by magistrates’ court
Section 218 - Detention in hospital on removal under section 217
Section 220 - Transfer of certain other detainees to hospital
Section 221 - Detention in hospital on removal under section 220
Section 223 - Conditions for transfer to hospital under section 214, 217 or 220
Section 224 - General provisions about hospital transfer directions
Chapter 8 – Rights of Review of Detention under Part 10
Section 228 - Power of certain persons to refer case to Tribunal
Section 231 - Powers of Tribunal as to public protection order without restrictions
Section 232 - Powers of Tribunal as to public protection order with restrictions
Section 233 - Sections 231 and 232: the prevention of serious harm condition
Section 234 – Sections 231 and 232: additional powers of Tribunal etc
Section 236 - Application and references to Tribunal where person recalled
Section 237 - Applications to Tribunal where person has not been recalled
Section 238 - Powers of Tribunal as to hospital directions and hospital transfer directions
Section 240 – Section 238: procedure where prevention of serious harm condition is not met
Section 243 - Section 22 may apply to person detained under Part 10
Section 245 - Effect of court order or direction on previous authority for hospital detention
Section 247 - Appeals against orders made on finding of unfitness to be tried etc
Section 248 – Hospital directions: cases stated by magistrates’ courts
Section 252 - Interpretation of Part 10: references to disorder
Part 11 – Transfer between Jurisdictions
Section 256 – Removal of certain persons detained under Part 10 to England or Wales
Section 257 - Removal of certain persons detained under Part 10 to Scotland
Section 260 – Persons to be detained under Part 10 after removal from England or Wales
Section 261 – Persons to be detained under Part 10 after removal from Scotland
Section 262 – Removal or transfer from Northern Ireland: power to make further provision
Section 263 – Persons removed or transferred to Northern Ireland: power to make further provision
Section 275 - Visiting etc powers of medical practitioners in connection with the Tribunal
Section 276 – Power to make regulations about dealing with money and valuables
Section 277 – Contravention of regulations under section 276(2)
Sections 278 and 279 – Expenditure and payment for necessary goods and services
Section 282 – Direct payments in place of provision of care services
Section 287 – Relationship of Act with law relating to murder etc
Section 290 – Provision of information by HSC trusts and the Department
Section 291 – Provision of facilities by HSC trusts and the Department
Section 293 - Warrants: persons liable to be detained under 1983 Act or 2005 Order
Section 295 – Retaking of persons escaping from legal custody
Section 297 – Panels constituted to decide applications: general provision
Section 298 – Protection for acts done in pursuance of Part 9 or 10
Section 300 – Medical practitioners who may make certain medical reports
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