SCHEDULES
SCHEDULE 11Mental capacity: Northern Ireland
PART 2Modifications of the Mental Capacity Act (Northern Ireland) 2016
Proceedings of panels constituted to decide applications
I13
Section 297(2) (panels to have 3 members, all present) has effect as if for “(all of whom must be present during any proceedings of the panel)” there were substituted
, all of whom must be present during any proceedings of the panel, except where—
a
the panel does not hear oral evidence,
b
each of the members provides a written opinion, and
c
the decision of the panel is unanimous.
Time limit for panel's decisions regarding authorisations of certain serious interventions
I24
Paragraph 19(2) of Schedule 1 (time limit for panel's decision) has effect as if for “7 working days” there were substituted “
28 working days
”
.
Interim authorisations by panels of certain serious interventions
I35
Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were substituted “
56 days
”
.
Report authorising short-term detention in hospital for examination etc
I46
Paragraph 4(2) of Schedule 2 (medical practitioner making medical report for inclusion in report under paragraph 2 to have examined P not more than 2 days before date on which medical report is made) has effect in relation to the making of a medical report during a period for which this paragraph has effect as if for “two days” there were substituted “
five days
”
.
I57
Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have personally seen P not more than 2 days before date on which report is made) has effect in relation to the making of a report during a period for which this paragraph has effect as if for “two days” there were substituted “
five days
”
.
Consultation required before such a report is made
I68
1
Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a report under paragraph 2 of Schedule 2 only if the person has consulted an approved social worker) has effect as if for “only if the person has consulted an approved social worker.” there were substituted
only if—
a
the person has consulted an approved social worker, or
b
the person considers that it is impractical or would involve undesirable delay to consult an approved social worker, the person has consulted a relevant social worker.
2
A person who in relation to the person's proposal to make a report under paragraph 2 of Schedule 2—
a
is of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)), and
b
is proposing to consult a relevant social worker in reliance on that paragraph,
must inform P, and where practicable P's nominated person, of those facts.
3
A report by a person under paragraph 2 of Schedule 2 who has consulted in reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph (1)) must be accompanied by a written statement complying with sub-paragraphs (4) and (5).
4
The statement must specify—
a
that the person was of the opinion referred to in paragraph 6(1)(b) of Schedule 2 (as inserted by sub-paragraph (1)) and accordingly consulted a relevant social worker;
b
that the person has informed P as referred to in sub-paragraph (2);
c
whether the person has informed P's nominated person as referred to in sub-paragraph (2), and if not, the reasons why it was not practicable to do so.
5
The statement must contain a summary of the views (if any) expressed by P and P's nominated person.
6
In this paragraph a “relevant social worker” means a person (other than an approved social worker), who—
a
is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001, and
b
appears to the person proposing to make the report to have at least 5 years' experience within the 10 years immediately preceding the day on which the report is proposed to be made of working as a social worker in relation to persons who lack capacity; and for this purpose the period of 5 years need not be a single period, or continuous periods, of such experience.
Extension by panel of period of authorisation
I79
Paragraph 9(2) of Schedule 3 (time limit for panel's decision on application for extension of period of authorisation) has effect as if for “7 working days” there were substituted “
28 working days
”
.
Additional notification requirements for panels
I810
Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect, operates in reliance on that paragraph, the panel must as soon as practicable after making the decision concerned give written notice of that fact to P and P's nominated person.
F1Period of detention in place of safety
F111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Periods of remand to hospital
F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Required medical evidence for court to be satisfied treatment condition is met in relation to remand to hospital
F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Required medical evidence for public protection orders, interim detention orders, determinations of question of fitness to be tried or findings of not guilty on ground of insanity
F114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Required medical evidence for hospital directions
F115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Extension reports in relation to public protection orders without restrictions
F116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Required medical evidence for directions for the transfer of prisoners etc to hospital
F117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Admission of person subject to hospital transfer direction to hospital
F118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Code of practice
I919
1
The Code of Practice for the time being published under section 288 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health in Northern Ireland may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of such of the persons or bodies referred to in subsection (1) of that section as the Department considers appropriate on such matters as the Department considers appropriate.
2
Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code as they apply to a Code of Practice referred to in that section.
3
Section 288 does not otherwise apply to a temporary Code.
Sch. 11 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)