Mental Capacity Act (Northern Ireland) 2016

Part 2 not applicable where other authority for act

60.—(1) Section 9 does not apply in relation to an act—

(a) which gives effect to a relevant decision; or

(b) which a person has a power (or duty) to do under any other statutory provision (including any provision of this Act).

(2) In this section a “relevant decision” means a decision concerning the care, treatment or personal welfare of a person (“P”) which—

(a) is made by the court on P’s behalf under section 113(2)(a);

(b) is made in accordance with this Act by an attorney under a lasting power of attorney granted by P and is within the scope of the attorney’s authority;

(c) is made in accordance with this Act by a deputy appointed for P by the court and is within the scope of the deputy’s authority; or

(d) where P is under 18, is a decision made by a parent or guardian of P which is effective under any rule of law.