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Mental Capacity Act (Northern Ireland) 2016
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Mental Capacity Act (Northern Ireland) 2016, Paragraph 3 is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 285(2)(a)-(c) substituted for s. 285(2)(a)(b) by 2022 c. 18 (N.I.) Sch. 3 para. 77(b)
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3—(1) Article 2 (interpretation) is amended as follows.N.I.
(2) Amend paragraph (2) of that Article in accordance with sub-paragraphs (3) to (9).
(3) Insert the following at the appropriate places—
““the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016;”;
““best interests”: any determination of what would be in the best interests of a patient who is under 16 is to be made in accordance with Article 3B;”;
““independent advocate” has the same meaning as in Article 3C;”.
(4) Omit the definitions of “guardianship application”, “hospital order” and “guardianship order”, “interim hospital order”, “restriction direction”, “restriction order” and “transfer direction”.
(5) In the definition of “the applicant” omit the words from “and, in relation” to the end.
(6) In the definition of “patient” omit “(except in Part VIII)”.
(7) In the definition of “responsible authority” omit paragraph (b).
(8) In the definition of “responsible medical officer” for paragraph (b) substitute—
“(b)in relation to a patient liable to be detained under Part 10 of the 2016 Act, means the responsible medical practitioner within the meaning of that Part;”.
(9) In the definition of “the Review Tribunal” for “the Mental Health Review Tribunal for Northern Ireland” substitute “ the Review Tribunal constituted under Article 70 ”.
(10) In paragraph (2A) of that Article—
(a)after “Articles” insert “ 3D, ”;
(b)omit “107(1B),” and “, 123(1)”.
(11) Omit paragraph (3) of that Article.
Commencement Information
I1Sch. 8 para. 3(1)(2)(9) in operation at 2.12.2019 by S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)
I2Sch. 8 para. 3(3) in operation at 2.12.2019 for specified purposes (but omit after “(Northern Ireland) 2016”) by S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)
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