Mental Capacity Act (Northern Ireland) 2016

WarrantsN.I.

This section has no associated Explanatory Notes

292—(1) This section applies if it appears to a lay magistrate, on complaint on oath made by an officer of an HSC trust or a constable—

(a)that there is reasonable cause to believe that a relevant person is to be found on any premises;

(b)that admission to the premises has been refused or that a refusal of such admission is apprehended; and

(c)that it is reasonable in the circumstances to issue a warrant.

(2) The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.

(3) A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).

(4) It is not necessary to name the relevant person in any complaint or warrant under this section.

(5) In this section “relevant person” means a person who—

(a)by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and

(b)is, by virtue of this Act, to be taken to that place.

Commencement Information

I1S. 292 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)