Mental Capacity Act (Northern Ireland) 2016

Effect of ending of restrictions under a public protection order

173.—(1) This section applies where a court has made a public protection order with restrictions in respect of a person and—

(a) a direction is made under section 172 (ending of restrictions) in respect of the order; or

(b) the order provides that for a specified period the order is to be treated as a public protection order with restrictions, and that period ends at a time when the order is still in force and when no direction has been made under section 172.

(2) From the end of the restricted period—

(a) Chapter 4 ceases to apply;

(b) the order has effect as if it were a public protection order without restrictions requiring the person to be detained in the establishment concerned; and

(c) Chapter 3 applies in relation to the person as if the order had been made (as a public protection order without restrictions) on the last day of the restricted period and as if the person had then been admitted to the establishment concerned in pursuance of the order.

(3) If when the restricted period ends the person is absent with permission given under section 195, the permission, and any accompanying direction under section 195(4), have effect from the end of the restricted period as if given under section 187.

(4) In this section—

“the establishment concerned” means the establishment in which, immediately before the end of the restricted period, the person was liable to be detained under the public protection order with restrictions;

“the restricted period” means—

(a)

where subsection (1)(a) applies, the period beginning with the actual making of the public protection order and ending immediately before the date specified in the direction under section 172;

(b)

where subsection (1)(b) applies, the period that was specified in the order as the period for which the order should be treated as a public protection order with restrictions.