Mental Capacity Act (Northern Ireland) 2016

Notifications under section 128: procedure and effect

129.—(1) A notification under section 128 must be made within such time and in such form as rules of court may specify.

(2) Where a notification is made under section 128 in relation to any person (“P”), the body or person making the notification must, where practicable, inform P’s nominated person.

(3) The Public Guardian, on receipt of a notification in respect of a person under section 128—

(a) must consider whether the Public Guardian should make inquiries into the person’s case; and

(b) if the Public Guardian considers that he or she should make inquiries, must seek the leave of the court to make them and, if leave is granted, must make such inquiries as he or she considers appropriate.

(4) Where inquiries have been made under subsection (3) the Public Guardian may, if he or she considers it appropriate to do so, arrange for the bringing of proceedings before the court under section 113.

(5) Inquiries under subsection (3) must be made within the period specified by the court.