http://www.legislation.gov.uk/nia/2016/18/section/63Mental Capacity Act (Northern Ireland) 2016An Act to make new provision relating to persons who lack capacity; to make provision about the powers of criminal courts in respect of persons with disorder; to disapply Part 2 of the Mental Health (Northern Ireland) Order 1986 in relation to persons aged 16 or over and make other amendments of that Order; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.texttext/xmlenStatute Law Database2022-07-25Expert Participation2022-04-01
Mental Capacity Act (Northern Ireland) 2016s. 285(2)(a)-(c)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 77(b)s. 160(1)
PART 2
LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDSCHAPTER 9DEFINITIONS FOR PURPOSES OF PART 2<Emphasis>Meaning of “serious intervention”</Emphasis>“Serious intervention”631In this Part “serious intervention” means an intervention in connection with the care, treatment or personal welfare of P which (or any part of which)—aconsists of or involves major surgery;bcauses P serious pain, serious distress, or serious side-effects;caffects seriously the options that will be available to P in the future, or has a serious impact on P's day-to-day life; ordin any other way has serious consequences for P, whether physical or non-physical.2Without prejudice to subsection (1), and to avoid any doubt, each of the following is a serious intervention for the purposes of this Part—aany deprivation of liberty;bthe imposition of a requirement mentioned in section 28(1)(a) (requirements to attend at particular times or intervals for certain treatment);cthe imposition of a community residence requirement (see section 31).3Regulations may provide that a prescribed intervention (except one mentioned in subsection (2))—ais to be regarded as an intervention falling within a particular paragraph of subsection (1); orbis not to be regarded as such an intervention.4If—athe act mentioned in section 9(1) is, or is part of, an intervention which turns out to be a serious intervention, butbat the time the act is done D reasonably believes that the risk that the intervention will turn out to be a serious intervention is negligible,that act is to be treated for the purposes of this Part as if the intervention were not a serious intervention.S. 63(2)(a) 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)