Mental Capacity Act (Northern Ireland) 2016

Court Visitors

Court Visitors

130.—(1) A Court Visitor is a person who is appointed by the Department of Justice to—

(a) a panel of Special Visitors; or

(b) a panel of General Visitors.

(2) A person may be appointed to a panel of Special Visitors only if—

(a) the person is a medical practitioner or appears to the Department of Justice to have other suitable qualifications or training; and

(b) the person appears to the Department of Justice to have special knowledge of and experience in relation to persons with impairment of, or disturbance in the functioning of, the mind or brain.

(3) A General Visitor need not have a medical qualification.

(4) A Court Visitor—

(a) may be appointed for such term and subject to such conditions, and

(b) may be paid such remuneration and allowances,

as the Department of Justice may determine.

Powers of Court Visitors

131.—(1) The powers under subsection (2) and (3) may be exercised for the purpose of enabling a Court Visitor to carry out his or her functions under this Act in relation to a person who lacks capacity.

(2) The Court Visitor may visit the person and interview the person in private.

(3) The Court Visitor may at all reasonable times require the production of, examine and take copies of—

(a) any health record (as defined by section 306), or

(b) any relevant record,

so far as the record relates to the person.

(4) But if the person has capacity in relation to whether the power under subsection (3) should be exercised, the power may be exercised only with his or her consent.

(5) In this section “relevant record” means a record relating to the person’s care, treatment or personal welfare which is a record of or held by—

(a) an HSC trust;

(b) the Regional Board;

(c) RQIA;

(d) a Northern Ireland department or its employees or agents;

(e) the managing authority of an independent hospital; or

(f) the managing authority of a care home.