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Mental Capacity Act (Northern Ireland) 2016

Section 129 – Notifications under section 128: procedure and effect

This section provides for the procedure and effect of a notification to the Public Guardian under section 128. The section requires that the timing and form of any notification must be made as specified within court rules, and the relevant authority making the notification must inform P’s nominated person, where practicable. Upon receipt of the notification, the Public Guardian must consider if it is appropriate to make inquiries into the case and seek leave from the court to do so. Where inquiries have been made, the Public Guardian may, if he or she considers it appropriate to do so, arrange for proceedings to be brought before the court under section 113.

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