PART 7

PUBLIC GUARDIAN AND COURT VISITORS

Public Guardian

Duty to notify the Public Guardian
128
1
Where a relevant authority is satisfied—
a
that a person with whom the authority is concerned lacks capacity in relation to a matter or matters relating to that person's care, treatment, personal welfare or property and affairs,
b
that any of the powers of the court under section 113 ought to be exercised with respect to that matter or matters, and
c
that arrangements in that behalf have not been made and are not being made,
it is the duty of that relevant authority to notify the Public Guardian of the situation.
2
In this section a “relevant authority” means—
a
an HSC trust;
b
the Department ;
c
RQIA;
d
the managing authority of an independent hospital;
e
the managing authority of a care home.
3
In this section “a person with whom the authority is concerned” means—
a
in relation to an HSC trust, a person within the area of the trust;
b
in relation to the Department , any person;
c
in relation to RQIA, any person;
d
in relation to the managing authority of an independent hospital or of a care home, an in-patient or resident in the hospital or care home.
Words in s. 128(2)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 252(5); S.R. 2022/102, art. 2(b)
Words in s. 128(3)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 252(5); S.R. 2022/102, art. 2(b)