Mental Capacity Act (Northern Ireland) 2016

Duty to inform certain persons where power of removal or transfer used

147.—(1) This section applies where a constable takes a person (“R”) to a place of safety under section 139 or 145.

(2) The constable must ensure that, as soon as practicable after R arrives at the place of safety, the required information is given to⁠—

(a) the HSC trust in whose area that place of safety is situated;

(b) the appropriate person; and

(c) if the appropriate person does not live with R and it is practicable to give the information to a relevant person who lives with R, such a person.

(3)  But if⁠—

(a) it is not practicable to give the required information to the appropriate person, and

(b) it is practicable to give the required information to a relevant person,

subsection (2) has effect as if the reference in paragraph (b) to the appropriate person were to a relevant person.

(4) In this section⁠—

“the appropriate person” means—

(a)

if R is 16 or over, any person who is R’s nominated person;

(b)

if R is under 16, a person with parental responsibility for R;

“relevant person” means a person who is 16 or over and is—

(a)

named by R as someone to whom the information should be given;

(b)

engaged in caring for R; or

(c)

interested in R’s welfare;

“the required information” has the meaning given by section 148.