292—(1) This section applies if it appears to a lay magistrate, on complaint on oath made by an officer of an HSC trust or a constable—
(a)that there is reasonable cause to believe that a relevant person is to be found on any premises;
(b)that admission to the premises has been refused or that a refusal of such admission is apprehended; and
(c)that it is reasonable in the circumstances to issue a warrant.
(2) The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.
(3) A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).
(4) It is not necessary to name the relevant person in any complaint or warrant under this section.
(5) In this section “relevant person” means a person who—
(a)by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and
(b)is, by virtue of this Act, to be taken to that place.
Commencement Information
I1S. 292 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)
Prospective
293—(1) This section applies if it appears to a lay magistrate, on complaint on oath made by an authorised person—
(a)that there is reasonable cause to believe that a person who may be taken into custody by virtue of a provision mentioned in subsection (3)(a) or (b) (a “relevant person”) is to be found on any premises, and
(b)that admission to the premises has been refused or that a refusal of such admission is apprehended.
(2) The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.
(3) In this section “authorised person” means a person authorised by or under—
(a)section 88 of the Mental Health Act 1983, or
(b)article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005,
to take any relevant person into custody in Northern Ireland.