PART 6HIGH COURT POWERS: DECISIONS AND DEPUTIES

Ancillary powers of the court

121Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)

1

This section applies where, in proceedings brought in respect of a person (“P”) under this Part, the court imposes a requirement to make a report under section 120(2).

2

If the Public Guardian or a Court Visitor is making a visit in the course of complying with the requirement, he or she may interview P in private.

3

If a Court Visitor who is a Special Visitor is making a visit in the course of complying with the requirement, he or she may if the court so directs carry out in private a medical, psychiatric or psychological examination of P's capacity and condition.

4

For the purpose of complying with the requirement, the Public Guardian or a 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),

b

any relevant record, or

c

any court record,

so far as the record relates to P.

5

But if P has capacity in relation to whether the power under subsection (4) should be exercised, the power may be exercised only with P's consent.

6

In this section—

  • “court record” means documentation held by the court relating to the proceedings mentioned in subsection (1);

  • “relevant record” means a record relating to P's care, treatment or personal welfare which is a record of or held by—

    1. a

      an HSC trust;

    2. b

      F1...

    3. c

      RQIA;

    4. d

      a Northern Ireland department or its employees or agents;

    5. e

      the managing authority of an independent hospital; or

    6. f

      the managing authority of a care home.