Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 7 – Public Guardian and Court Visitors

Section 125 – The Public Guardian

This section provides for the creation of a new officer, to be known as the Public Guardian, to be appointed by the Department of Justice. The section also provides the Department of Justice with powers to pay to the Public Guardian a salary and allowances, subject to approval by the Department of Finance. The section also provides that the Department of Justice may, after consulting the Public Guardian, provide such staff and officers as it considers necessary for the proper performance of the Public Guardian’s functions.