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Mental Capacity Act (Northern Ireland) 2016
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- Acts of the Northern Ireland Assembly
- 2016 c. 18
- SCHEDULE 9
- Part 5
- Proposal for cross-border placement
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This version of this cross heading contains provisions that are prospective.
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Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Cross Heading: Proposal for cross-border placement is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 285(2)(a)-(c) substituted for s. 285(2)(a)(b) by 2022 c. 18 (N.I.) Sch. 3 para. 77(b)
Prospective
Proposal for cross-border placementN.I.
26—(1) This paragraph applies where a public authority proposes to place an adult in an establishment in a Convention country other than Northern Ireland.N.I.
(2) The public authority must consult an appropriate authority in that other country about the proposed placement and, for that purpose, must send it—
(a)a report on the adult; and
(b)a statement of its reasons for the proposed placement.
(3) If the appropriate authority in the other country opposes the proposed placement within a reasonable time, the public authority may not proceed with it.
27 A proposal received by a public authority under Article 33 in relation to an adult is to proceed unless the authority opposes it within a reasonable time.N.I.
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