Mental Capacity Act (Northern Ireland) 2016

Prospective

This section has no associated Explanatory Notes

12  In relation to the imposition on P of a community residence requirement, the criteria for authorisation are that—N.I.

(a)failure to impose a community residence requirement would create a risk of harm to P;

(b)imposing such a requirement would be a proportionate response to—

(i)the likelihood of harm to P; and

(ii)the seriousness of the harm concerned;

(c)P lacks capacity in relation to the matters covered by the community residence requirement;

(d)any services which, under regulations under section 33, are required to be available to people subject to community residence requirements are available in the area in which P would be required by the community residence requirement to live; and

(e)the community residence requirement would be in P's best interests.