Mental Capacity Act (Northern Ireland) 2016

Miscellaneous functions of HSC trusts

Appointment of approved social workers

280.—(1) In this Act “approved social worker” means a social worker appointed by an HSC trust under this section.

(2) An HSC trust must appoint a sufficient number of social workers under this section for the purpose of performing the functions conferred on approved social workers by or under this Act.

(3) An HSC trust may appoint a person under this section only if the person is approved by the trust as having appropriate competence in dealing with people who lack capacity.

(4) In determining whether to approve a person as having such competence, an HSC trust must have regard to such matters as the Department may direct.

(5) Any power under this Act to prescribe a description of person includes power to prescribe approved social workers or approved social workers of a particular description.

Miscellaneous functions of HSC trusts

281.—(1) An HSC trust may, to such extent as may be prescribed or approved by the Department—

(a) pay to persons who lack capacity, and who are receiving care or treatment in any place, such amounts as the trust considers appropriate in respect of those persons’ occasional personal expenses where it appears to the trust that those persons would otherwise be without resources to meet those expenses;

(b) provide financial assistance for any person who is absent with permission from a place of detention, where the needs of the person are such that such assistance is necessary to give full effect to treatment provided to the person or to provide for the person’s settlement or resettlement in the community;

(c) contribute to the maintenance of persons who are subject to community residence requirements (as defined by section 31);

(d) pay to persons who by virtue of this Act are subject to requirements to attend for the purpose of any treatment, education, occupation or training amounts in respect of those persons’ expenses in complying with such requirements;

(e) provide, or co-operate in the provision of, suitable training or occupation (whether in premises provided by the Department or elsewhere) for persons who lack capacity.

(2) In subsection (1)(b) “place of detention” means a place where the person is detained, by virtue of this Act, in circumstances amounting to a deprivation of liberty.