Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 10 – Criminal Justice

Chapter 8 – Rights of Review of Detention under Part 10
Section 227 - Applications: visiting and examination

For the purposes of advising whether an application to the Tribunal should be made or for providing information about a person’s condition for such an application, this section provides that a medical practitioner who has been authorised by or on behalf of the person or, if the person is aged 16 or over by a nominated person, may visit the person and examine him or her in private. For the same purposes, and with the same authorisations, the medical practitioner may also require the production of and examine and take copies of, any health record and any other record that relates to the person’s detention, care or treatment.