Mental Capacity Act (Northern Ireland) 2016

Obstruction N.I.

272—(1) It is an offence for a person—

(a) to refuse to allow the visiting or examination of any person by a person who is authorised by virtue of a relevant provision to carry out the visit or examination;

(b) to refuse to produce any record the production of which is required by virtue of a provision mentioned in subsection (4)(a) or (b); or

(c) otherwise to obstruct a person who is—

(i) carrying out a visit or examination by virtue of a relevant provision; or

(ii) exercising any other function by virtue of a provision mentioned in subsection (4)(a) or (b).

(2) Without prejudice to the generality of subsection (1), it is an offence for a person to insist on being present when requested to withdraw by a person authorised by virtue of a relevant provision to visit or examine a person.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(4) In this section “relevant provision” means—

(a) section 18(2), 92, 121, 127 or 131;

(b) section 46, 47, 48, 227, 228 or 229 (read with section 275); or

(c) section 39 or 126 or any provision of Schedule 1, 2 or 3.

Commencement Information

I1 S. 272(1)-(3) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)

I2 S. 272(4)(b)(c) in operation at 2.12.2019 for specified purposes (In s. 272(4)(b)" until “48” and (c) but omitting “or 126” ) by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)