| Guvnor

Enforced by: RQIA
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10 Trader1

Plus 18 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

PRINCIPLES

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

s.001 Principles: capacity

s.002 Principle: best interests

s.003 Meaning of “lacks capacity”

s.004 Meaning of “unable to make a decision”

s.005 Supporting person to make decision

s.006 Compliance with section 1(2)

s.007 Best interests

s.008 Compliance with section 2

Part 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

3 of 60 sections shown

s.018 Second opinion: relevant certificates Regulated

Send copy of relevant certificate to RQIA immediatelyAny Person

s.029 Duty to revoke requirement where criteria no longer met Regulated

Medical practitioner must revoke attendance requirement when conditions no longer metAny Person

s.043 Extension reports: further provision Regulated

Medical practitioner must give extension report to relevant trustAny Person

57 other sections in this Part — procedural and definitional

s.009 Protection from liability for acts in best interests of person lacking capacity

s.010 General limitations on section 9

s.011 Advance decisions: effect on section 9

s.012 Acts of restraint: condition that must be met

s.013 Formal assessment of capacity

s.014 Section 13: formal capacity assessments and statements of incapacity

s.015 Nominated person: need to have in place and consult

s.016 Second opinion needed for certain treatment

s.017 Second opinion needed for continuation of medication

s.019 Treatment with serious consequences: objection from nominated person

s.020 Treatment with serious consequences: resistance by P etc

s.021 Meaning of “treatment with serious consequences”

s.022 Sections 19 and 20: the prevention of serious harm condition

s.023 Meaning of “subject to an additional measure”

s.024 Deprivation of liberty

s.025 Section 24: definitions

s.026 Taking person to a place for deprivation of liberty

s.027 Permission for absence

s.028 Requirements to attend for certain treatment

s.030 Community residence requirements: authorisation etc

s.031 Meaning of “community residence requirement”

s.032 Duty to revoke community residence requirement where criteria no longer met

s.033 Duties in relation to people subject to community residence requirements

s.034 Community residence requirements: further provision

s.035 Independent mental capacity advocate: need to have in place and consult

s.036 Section 35: relevant acts

s.037 First extension of period of authorisation

s.038 Subsequent extensions

s.039 Sections 37 and 38: extension reports

s.040 Extension of period where responsible person not of the requisite opinion

s.041 Meaning of “measure”, “authorised measure” and “the criteria for continuation”

s.042 Meaning of “the responsible person”

s.044 Effect of extension on authorisation where authorised measure unused etc

s.045 Right to apply to Tribunal

s.046 Applications: visiting and examination

s.047 Power of certain persons to refer case to Tribunal

s.048 Duty of HSC trust to refer case to Tribunal

s.049 References etc to Tribunal: persons formerly detained under the Mental Health Order

s.050 Duty of HSC trust to notify the Attorney General

s.051 Powers of Tribunal in relation to authorisation under Schedule 1

s.052 Powers of Tribunal in relation to authorisation under Schedule 2

s.053 Sections 51 and 52: additional powers of Tribunal

s.054 Medical reports: involvement of nominated person

s.055 Medical reports: involvement of independent mental capacty advocate

s.056 Sections 54 and 55: meaning of “emergency”

s.057 Provision of information

s.058 Ways in which information must be provided

s.059 Failure by person other than D to take certain steps

s.060 Part 2 not applicable where other authority for act

s.061 Power to make further provision

s.062 Disregard of certain detention

s.063 “Serious intervention”

s.064 Acts that are “part of” serious interventions

s.065 Meaning of “emergency” in relation to safeguard provisions

s.066 Section 65: definitions etc

s.067 Failure by persons other than D to take steps to ensure safeguard met

s.068 Interpretation of Part 2: general

Part 3

NOMINATED PERSON

0 of 17 sections shown

17 other sections in this Part — procedural and definitional

s.069 Nominated person

s.070 Appointment of nominated person

s.071 Revocation of appointment

s.072 Resignation

s.073 Default nominated person

s.074 Section 73: the list

s.075 Section 73: persons to be disregarded

s.076 Section 73: meaning of “carer”

s.077 Declaration that particular person not to be nominated person

s.078 Notice declining to be a person's nominated person

s.079 Formalities for documents under Part 3

s.080 Application to Tribunal for appointment of nominated person

s.081 Tribunal's power to appoint nominated person

s.082 Tribunal's power to disqualify person from being default nominated person

s.083 Revocation of Tribunal's appointment where P regains capacity

s.084 Duties in relation to nominated person: supplementary

s.085 Determining who is nominated person

Part 4

INDEPENDENT MENTAL CAPACITY ADVOCATES

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.086 Independent mental capacity advocates

s.087 Functions of independent mental capacity advocates: provision of support, etc

s.088 Request for independent mental capacity advocate to be instructed

s.089 Steps to be taken before independent mental capacity advocate may be requested

s.090 Right to declare that no independent mental capacity advocate to be instructed

s.091 Instruction of independent mental capacity advocate

s.092 Powers of independent mental capacity advocates

s.093 Right of person to discontinue involvement of independent mental capacity advocate

s.094 Continuing duty of trust in relation to independent mental capacity advocate

s.095 Formalities for declarations under Part 4

s.096 Power to adjust role of independent mental capacity advocates

Part 5

LASTING POWERS OF ATTORNEY

0 of 15 sections shown

15 other sections in this Part — procedural and definitional

s.097 Lasting powers of attorney

s.098 Restrictions on scope of lasting power of attorney

s.099 Relationship between advance decisions and lasting powers of attorney

s.100 Scope of lasting powers of attorney: gifts

s.101 Appointment of attorneys: requirements as respects attorneys

s.102 Appointment of two or more attorneys

s.103 Appointment of replacement attorneys

s.104 Appointment of two or more replacements for a single initial appointee

s.105 Replacement attorneys: position where two or more initial appointees

s.106 Revocation of lasting power etc by donor or on donor's bankruptcy

s.107 Revocation etc: events relating to the attorney

s.108 Protection of attorney and others if no power created or power revoked

s.109 Reliance on authority of attorney in relation to treatment etc

s.110 Powers of court as to lasting powers of attorney

s.111 Powers of court as to operation of lasting powers of attorney

Part 6

HIGH COURT POWERS: DECISIONS AND DEPUTIES

2 of 13 sections shown

s.120 Power to call for reports

amended 1 time (opens in a new tab)

s.121 Powers of Public Guardian or Court Visitor in respect of reports under section 120(2)

amended 1 time (opens in a new tab)

11 other sections in this Part — procedural and definitional

s.112 The court's power to make declarations

s.113 The court's powers to make decisions and appoint deputies: general

s.114 Section 113 powers: care, treatment and personal welfare

s.115 Section 113 powers: property and affairs

s.116 Appointment of deputies

s.117 Restrictions on deputies

s.118 Reliance on authority of deputy in relation to treatment etc

s.119 Interim orders and directions

s.122 Applications to the court

s.123 Duty to notify Attorney General

s.124 Rules of court

Part 7

PUBLIC GUARDIAN AND COURT VISITORS

3 of 7 sections shown

s.127 Further powers of the Public Guardian

amended 1 time (opens in a new tab)

s.128 Duty to notify the Public Guardian

amended 2 times (opens in a new tab)

s.131 Powers of Court Visitors

amended 1 time (opens in a new tab)

4 other sections in this Part — procedural and definitional

s.125 The Public Guardian

s.126 Functions of the Public Guardian

s.129 Notifications under section 128: procedure and effect

s.130 Court Visitors

Part 8

RESEARCH

7 of 7 sections shown

s.132 Research

amended 1 time (opens in a new tab)

s.133 Section 132: exception for clinical trials

amended 1 time (opens in a new tab)

s.134 Approval of research projects

amended 1 time (opens in a new tab)

s.135 Requirement to consult nominated person, carer etc

amended 1 time (opens in a new tab)

s.136 Section 135: exception for urgent treatment

amended 1 time (opens in a new tab)

s.137 Additional safeguards

amended 1 time (opens in a new tab)

s.138 Loss of capacity during research project: transitional cases

amended 1 time (opens in a new tab)

Part 9

POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY

1 of 23 sections shown

s.146 Maximum period of detention under Part 9

amended 1 time (opens in a new tab)

22 other sections in this Part — procedural and definitional

s.139 Power of police to remove person from public place to place of safety

s.140 Information to be given on removal

s.141 Search of person on exercise of power to remove

s.142 Power of police to detain in hospital a person removed from a public place

s.143 Power to detain in police station a person removed from a public place

s.144 Sections 142 and 143: the detention conditions

s.145 Transfer from one place of safety to another

s.147 Duty to inform certain persons where power of removal or transfer used

s.148 Section 147: meaning of “the required information” etc

s.149 Record of detention to be kept

s.150 Responsibilities of the appropriate officer

s.151 Review of detention

s.152 Access to legal advice

s.153 Searches of person following removal to place of safety

s.154 Searches and examination to ascertain identity

s.155 Intimate searches

s.156 Annual records

s.157 Principles applying for purposes of Part 9

s.158 Reasonable belief etc

s.159 Power of constable to use reasonable force

s.160 Definitions for purposes of Part 9

s.161 Relationship of Part 9 to other provisions

Part 10

CRIMINAL JUSTICE

14 of 92 sections shown

s.162 Remand to hospital

amended 2 times (opens in a new tab)

s.167 Public protection orders with and without restrictions

amended 1 time (opens in a new tab)

s.174 Hospital direction when passing custodial sentence

amended 1 time (opens in a new tab)

s.177 Interim detention orders

amended 1 time (opens in a new tab)

s.178 Effect of interim detention orders

amended 2 times (opens in a new tab)

s.183 Sections 181 and 182: extension reports

amended 2 times (opens in a new tab)

s.186 Extension reports: further provision Regulated

Other duties (1) — Crown / regulator

HSC trust must give report copy to RQIA and information to person subject to orderLocal authority

s.204 Procedure where question of fitness to be tried arises

amended 1 time (opens in a new tab)

s.206 Procedure in relation to finding of insanity

amended 1 time (opens in a new tab)

s.211 Power to transfer person serving custodial sentence etc to hospital

amended 1 time (opens in a new tab)

s.214 Transfer of civil prisoner or immigration detainee to hospital

amended 1 time (opens in a new tab)

s.217 Transfer to hospital of person remanded by magistrates' court

amended 1 time (opens in a new tab)

s.220 Transfer of certain other detainees to hospital

amended 1 time (opens in a new tab)

s.224 General provisions about hospital transfer directions

amended 1 time (opens in a new tab)

78 other sections in this Part — procedural and definitional

s.163 Section 162: meaning of “an accused person”

s.164 Section 162: the medical report condition

s.165 Section 162: the treatment condition

s.166 Effect of remand to hospital

s.168 Section 167: the detention conditions

s.169 Section 167: the restriction condition

s.170 Further provision about making of public protection orders

s.171 Effect of public protection orders

s.172 Power to direct the ending of restrictions under a public protection order

s.173 Effect of ending of restrictions under a public protection order

s.175 Conditions for giving hospital direction

s.176 Effect of hospital directions

s.179 Detention under a public protection order without restrictions

s.180 Discharge from detention by responsible medical practitioner

s.181 First extension of period of order

s.182 Subsequent extensions

s.184 Extension of period where responsible person not of the requisite opinion

s.185 The criteria for continuation

s.187 Permission for absence

s.188 Transfers between hospitals etc

s.189 Effect of custodial sentence

s.190 Detention under a public protection order with restrictions

s.191 Discharge from detention by Department of Justice

s.192 Power to recall person who has been conditionally discharged

s.193 Reports by responsible medical practitioner

s.194 Direction for person to attend for purposes of justice etc

s.195 Permission for absence

s.196 Transfers between hospitals etc

s.197 Detention under a hospital direction

s.198 Termination of hospital directions

s.199 Section 198: meaning of “release date”

s.200 Duties and powers to release from detention

s.201 Reports by responsible medical practitioner

s.202 Permission for absence etc

s.203 Transfers between hospitals

s.205 Finding that the accused did the act or made the omission charged

s.207 Powers to deal with person unfit to be tried or not guilty by reason of insanity

s.208 Remission for trial where person no longer unfit to be tried

s.209 Power to make order where the accused did the act or made the omission charged

s.210 Power to make restraining order following finding of unfitness to plead etc

s.212 Conditions for transfer under section 211

s.213 Effect of transfer under section 211

s.215 Detention in hospital on removal under section 214

s.216 Termination of direction under section 214

s.218 Detention in hospital on removal under section 217

s.219 Termination of direction under section 217 etc

s.221 Detention in hospital on removal under section 220

s.222 Termination of direction under section 220

s.223 Conditions for transfer to hospital under section 214, 217 or 220

s.225 Right to apply to Tribunal

s.226 Meaning of “a qualifying person”

s.227 Applications: visiting and examination

s.228 Power of certain persons to refer case to Tribunal

s.229 Duty of HSC trust to refer case to Tribunal

s.230 Duty to notify the Attorney General

s.231 Powers of Tribunal as to public protection order without restrictions

s.232 Powers of Tribunal as to public protection order with restrictions

s.233 Sections 231 and 232: the prevention of serious harm condition

s.234 Sections 231 and 232: additional powers of Tribunal etc

s.235 Effect of conditional discharge

s.236 Applications and references to Tribunal where person recalled

s.237 Applications to Tribunal where person has not been recalled

s.238 Powers of Tribunal as to hospital directions and hospital transfer directions

s.239 Section 238: additional powers of Tribunal

s.240 Section 238: procedure where prevention of serious harm condition is not met

s.241 Provision of information

s.242 Ways in which information must be provided

s.243 Section 20 may apply to person detained under Part 10

s.244 Absence without permission

s.245 Effect of court order or direction on previous authority for hospital detention

s.246 Appeals: general

s.247 Appeals against orders made on finding of unfitness to be tried etc

s.248 Hospital directions: cases stated by magistrates' courts

s.249 Requirements as to written evidence

s.250 Interpretation of Part 10: children

s.251 Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain

s.252 Interpretation of Part 10: references to disorder

s.253 Interpretation of Part 10: general

Part 11

TRANSFER BETWEEN JURISDICTIONS

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.254 Removal of persons detained under Part 2 to England or Wales

s.255 Removal of persons detained under Part 2 to Scotland

s.256 Removal of certain persons detained under Part 10 to England or Wales

s.257 Removal of certain persons detained under Part 10 to Scotland

s.258 Persons to be detained under Part 2 after removal from England or Wales

s.259 Persons to be detained under Part 2 after removal from Scotland

s.260 Persons to be detained under Part 10 after removal from England or Wales

s.261 Persons to be detained under Part 10 after removal from Scotland

s.262 Removal or transfer from Northern Ireland: power to make further provision

s.263 Persons removed or transferred to Northern Ireland: power to make further provision

s.264 Interpretation of Part 11

Part 12

CHILDREN

1 of 2 sections shown

s.266 Amendments of Mental Health Order: children etc

amended 1 time (opens in a new tab)

1 other section in this Part — procedural and definitional

s.265 In-patients under 18: duties of hospital managers

Part 13

OFFENCES

6 of 7 sections shown

s.267 Ill-treatment or neglect

amended 4 times (opens in a new tab)

s.268 Forgery, false statements etc

amended 7 times (opens in a new tab)

s.269 Unlawful detention of persons lacking capacity etc

amended 1 time (opens in a new tab)

s.270 Assisting persons to absent themselves without permission

amended 1 time (opens in a new tab)

s.272 Obstruction

amended 2 times (opens in a new tab)

s.273 Offences by bodies corporate

amended 1 time (opens in a new tab)

1 other section in this Part — procedural and definitional

s.271 Assisting breach of community residence requirement

Part 14

MISCELLANEOUS

6 of 14 sections shown

s.274 Renaming of Mental Health Review Tribunal

amended 1 time (opens in a new tab)

s.275 Visiting etc powers of medical practitioners in connection with the Tribunal

amended 1 time (opens in a new tab)

s.276 Power to make regulations about dealing with money and valuables

amended 1 time (opens in a new tab)

s.280 Appointment of approved social workers

amended 1 time (opens in a new tab)

s.281 Miscellaneous functions of HSC trusts

amended 1 time (opens in a new tab)

s.285 Family relationships etc

amended 1 time (opens in a new tab)

8 other sections in this Part — procedural and definitional

s.277 Contravention of regulations under section 276(2)

s.278 Expenditure

s.279 Payment for necessary goods and services

s.282 Direct payments in place of provision of care services

s.283 International protection of adults

s.284 Review of law relating to advance decisions

s.286 Voting rights

s.287 Relationship of Act with law relating to murder etc

Part 15

SUPPLEMENTARY

13 of 21 sections shown

s.288 Codes of practice

amended 2 times (opens in a new tab)

s.289 Effect of code

amended 5 times (opens in a new tab)

s.290 Provision of information by HSC trusts and the Department

amended 4 times (opens in a new tab)

s.291 Provision of facilities by HSC trusts and the Department

amended 4 times (opens in a new tab)

s.292 Warrants

amended 1 time (opens in a new tab)

s.296 Special accommodation

amended 1 time (opens in a new tab)

s.297 Panels constituted to decide applications: general provision

amended 3 times (opens in a new tab)

s.298 Protection for acts done in pursuance of Part 9 or 10

amended 1 time (opens in a new tab)

s.299 Risk of serious physical harm to others

amended 2 times (opens in a new tab)

s.300 Medical practitioners who may make certain medical reports

amended 1 time (opens in a new tab)

s.301 Documents appearing to be duly made

amended 1 time (opens in a new tab)

s.303 Consequential amendments and repeals

amended 1 time (opens in a new tab)

s.306 Definitions for purposes of Act

amended 2 times (opens in a new tab)

8 other sections in this Part — procedural and definitional

s.293 Warrants: persons liable to be detained under 1983 Act or 2005 Order

s.294 Provisions as to custody, detention etc

s.295 Retaking of persons escaping from legal custody

s.302 Regulations

s.304 Persons “unconnected with” a person

s.305 Meaning of “mental disorder”

s.307 Commencement etc

s.308 Short title

Schedules

25 of 236 shown

s.sch001 (1) This paragraph applies where an authorisation under paragraph 15... Regulated

Other duties (1) — Crown / regulator

HSC trust may impose community residence requirement on PCrown / Minister / Government department

s.sch001 (1) The panel must comply with paragraph 15(1) as soon... Regulated

Other duties (1) — Crown / regulator

Panel must decide authorisation applications within 7 working days and notify P and the Attorney GeneralTribunal / Court

s.sch001 (1) If at any time before the end of the... Regulated

Other duties (1) — Crown / regulator

Panel may grant interim authorisation when full assessment isn't possible within timeTribunal / Court

s.sch001 (1) The medical report must be in the prescribed form... Regulated

Ensure medical report meets prescribed form, content and timingAny Person

s.sch002 (1) This paragraph applies where— (a) pursuant to a report... Regulated

Ensure patient is examined and report produced immediately after admissionAny Person

s.sch002 (1) Where a report under paragraph 2 is made, the... Regulated

Provide prescribed information to hospital and designated persons after making a Schedule 2 reportAny Person

s.sch003 (1) The medical report must be in the prescribed form... Regulated

Medical practitioner must produce compliant medical report for continuation applicationAny Person

s.sch003 (1) The panel must comply with paragraph 8(1) as soon... Regulated

Other duties (1) — Crown / regulator

Panel must decide applications within permitted period and notify decisionsTribunal / Court

s.sch004 If it appears to the Public Guardian that an instrument... Regulated

Other duties (1) — Crown / regulator

Public Guardian must refuse registration of non-compliant instrumentsStatutory regulator

s.sch004 (1) Sub-paragraph (2) applies if it appears to the Public... Regulated

Other duties (1) — Crown / regulator

Public Guardian must apply to court and withhold registration if instrument contains invalid provisionStatutory regulator

s.sch004 (1) Sub-paragraph (2) applies if it appears to the Public... Regulated

Other duties (1) — Crown / regulator

Public Guardian must not register conflicting power of attorneyStatutory regulator

s.sch004 (1) Sub-paragraph (2) applies if a person other than the... Regulated

Other duties (1) — Crown / regulator

Public Guardian must not register a lasting power of attorney if a valid objection is receivedStatutory regulator

s.sch004 (1) This paragraph applies if the donor— Regulated

Other duties (1) — Crown / regulator

Public Guardian must not register an objected power of attorney unless court satisfied donor lacks capacity to objectCrown / Minister / Government department

s.sch004 Where an instrument is registered under this Schedule, the Public... Regulated

Other duties (1) — Crown / regulator

Notify donor and attorneys of instrument registrationStatutory regulator

s.sch004 If the Public Guardian cancels the registration of an instrument... Regulated

Other duties (1) — Crown / regulator

Public Guardian must notify donor and attorneys when cancelling LPA registrationCrown / Minister / Government department

s.sch004 If the Public Guardian attaches a note to an instrument... Regulated

Other duties (1) — Crown / regulator

Public Guardian must notify attorneys of any note attached to an instrumentStatutory regulator

s.sch004 Subject to paragraphs 10 to 14, on an application under... Regulated

Other duties (1) — Crown / regulator

Public Guardian must register lasting power of attorney after prescribed periodCrown / Minister / Government department

s.sch004 A person (or persons) about to make an application under... Regulated

Notify named persons before applying to register lasting power of attorneyAny Person

s.sch004 (1) As soon as practicable after receiving an application under... Regulated

Other duties (1) — Crown / regulator

Public Guardian must notify interested parties of LPA applicationStatutory regulator

s.sch006 (1) The panel must comply with paragraph 8(1) as soon... Regulated

Other duties (1) — Crown / regulator

Panel must decide on applications within 7 working days and notify of extension decisionsTribunal / Court

s.sch007 (1) In this paragraph “relevant medical practitioner” means a medical... Regulated

Other duties (1) — Crown / regulator

Supervising officer must act on medical practitioner's report about supervised personLocal authority

s.sch007 (1) A supervision element is a requirement that the supervised... Regulated

Other duties (1) — Crown / regulator

Court must ensure supervising officer agrees before making orderCrown / Minister / Government department

s.sch007 Where an order is made, the supervised person must (as... Regulated

Keep in touch with your supervising officer and notify them of any change of addressAny Person

s.sch008 After Article 63 insert— Treatment within Article 63: procedure where... Regulated

Obtain certification and consultation before giving certain mental disorder treatmentsAny Person

s.sch008 After Article 3 insert— General provisions about patients under 16... Regulated

Prioritise best interests of under-16 patients in mental health decisionsTrader

211 other schedules

s.sch001 (1) In this Schedule— “appropriate care or treatment”, in relation...

s.sch001 In relation to detention of P in a place in...

s.sch001 In relation to the imposition on P of a requirement...

s.sch001 In relation to the imposition on P of a community...

s.sch001 In applying the criteria in this Part of this Schedule...

s.sch001 (1) Where the relevant trust receives an application duly made...

s.sch001 (1) Having considered the application, the panel must—

s.sch001 (1) This paragraph applies where an authorisation under paragraph 15...

s.sch001 Where an authorisation under paragraph 15 authorises the imposition on...

s.sch001 (1) An application under this Schedule may be made where...

s.sch001 (1) Sub-paragraph (2) applies where an authorisation under this Schedule...

s.sch001 (1) This paragraph applies where an authorisation under this Schedule...

s.sch001 (1) Where— (a) an authorisation under this Schedule authorises the...

s.sch001 Any power conferred by virtue of an authorisation under this...

s.sch001 (1) The grant of an interim authorisation under this Schedule...

s.sch001 (1) The grant of an authorisation under paragraph 15 (“the...

s.sch001 For the avoidance of doubt, the fact that a particular...

s.sch001 (1) An application may not be made for authorisation of...

s.sch001 For the purposes of paragraph 2 treatment which is proposed...

s.sch001 (1) Any application under this Schedule must be made by...

s.sch001 (1) An application under this Schedule must—

s.sch001 The care plan must be in the prescribed form and...

s.sch001 (1) In relation to the provision to P of particular...

s.sch002 (1) In this Schedule— “the criteria for authorisation” has the...

s.sch002 (1) This paragraph applies if— (a) pursuant to a report...

s.sch002 (1) This paragraph applies for the purposes of paragraphs 11,...

s.sch002 (1) This paragraph applies where— (a) a report under paragraph...

s.sch002 (1) This paragraph applies where— (a) either of the following...

s.sch002 (1) This paragraph applies where a report under paragraph 14...

s.sch002 (1) If— (a) pursuant to a report under paragraph 2,...

s.sch002 (1) This paragraph applies where a report is made under...

s.sch002 For the avoidance of doubt, the fact that a particular...

s.sch002 (1) The detention of a person in a hospital in...

s.sch002 (1) Where a report under this Schedule is incorrect or...

s.sch002 (1) This paragraph applies where— (a) a report under paragraph...

s.sch002 (1) In paragraph 2 “an appropriate healthcare professional” means a...

s.sch002 (1) The medical report included in a report under paragraph...

s.sch002 A person may make a report under paragraph 2 only...

s.sch002 (1) Where— (a) it is proposed to make a report...

s.sch002 (1) An authorisation granted by the making of a report...

s.sch002 (1) If— (a) at the time when a report under...

s.sch003 In this Schedule— “authorisation” is defined by section 37; “authorised...

s.sch003 (1) An application under this Schedule may be made where—...

s.sch003 (1) Any application under this Schedule must be made by...

s.sch003 (1) An application under this Schedule must—

s.sch003 The care plan must be in the prescribed form and...

s.sch003 (1) Where the relevant trust receives an application duly made...

s.sch003 (1) Having considered the application, the panel must either—

s.sch004 (1) An instrument is made in accordance with this Schedule...

s.sch004 (1) A document purporting to be an office copy of...

s.sch004 The Public Guardian must cancel the registration of an instrument...

s.sch004 The court must direct the Public Guardian to cancel the...

s.sch004 (1) Sub-paragraph (2) applies if the court determines under section...

s.sch004 (1) The instrument must include— (a) the prescribed information about...

s.sch004 On the cancellation of the registration of an instrument, the...

s.sch004 If in the case of a registered instrument it appears...

s.sch004 If in the case of a registered instrument the court...

s.sch004 (1) If an instrument differs in an immaterial respect in...

s.sch004 (1) An application to the Public Guardian for the registration...

s.sch004 (1) A notice under paragraph 6 must be in a...

s.sch004 (1) A person proposing to make an application under paragraph...

s.sch005 Paragraphs 2 to 4 apply in relation to the execution...

s.sch005 The will may make any provision (whether by disposing of...

s.sch005 (1) Sub-paragraph (2) applies if under section 113 the court...

s.sch005 (1) This paragraph applies where a will is executed in...

s.sch005 (1) If provision is made by virtue of section 115...

s.sch005 (1) If a settlement has been made by virtue of...

s.sch005 (1) Sub-paragraph (2) applies if the court is satisfied—

s.sch005 (1) Sub-paragraphs (2) and (3) apply if—

s.sch005 (1) Sub-paragraph (2) applies if the court has ordered or...

s.sch006 In this Schedule, in relation to a public protection order...

s.sch006 (1) An application under this Schedule may be made where—...

s.sch006 (1) Any application under this Schedule must be made by...

s.sch006 An application under this Schedule must— (a) be in the...

s.sch006 (1) The medical report must be in the prescribed form...

s.sch006 The care plan must be in the prescribed form and...

s.sch006 (1) Where the relevant trust receives an application duly made...

s.sch006 (1) Having considered the application, the panel must do one...

s.sch007 (1) In this Part a “supervision and assessment order” is...

s.sch007 (1) A court that has made a supervision and assessment...

s.sch007 (1) On the making under any of paragraphs 8 to...

s.sch007 (1) This paragraph applies where— (a) a supervision and assessment...

s.sch007 (1) The Department of Justice may make regulations substituting, for...

s.sch007 (1) Until the day on which section 1 of the...

s.sch007 (1) A court may make a supervision and assessment order...

s.sch007 (1) An assessment element is a requirement that, during a...

s.sch007 (1) A residence element is any requirement as to the...

s.sch007 (1) Before making a supervision and assessment order, the court...

s.sch007 (1) A court of summary jurisdiction may, on the application...

s.sch007 (1) This paragraph applies where— (a) a supervision and assessment...

s.sch008 The Mental Health Order is amended as follows.

s.sch008 After Article 14 insert— Liability to detention under Part 2...

s.sch008 Omit Articles 18 to 26 (guardianship).

s.sch008 In the italic heading before Article 27 omit “or guardianship”....

s.sch008 (1) Article 27 (duty of authority to give information to...

s.sch008 In Article 28 (transfer of patients) omit—

s.sch008 In Article 29 (return and readmission of patients absent without...

s.sch008 (1) Article 30 (special provisions as to patients absent without...

s.sch008 (1) Article 31 is amended as follows.

s.sch008 In Article 32(3) (definition of “nearest relative”) omit “or his...

s.sch008 In Article 33 (children and young persons in care) omit...

s.sch008 Before Article 2 insert— “ Interpretation of Order ”.

s.sch008 (1) Article 34 (minors under guardianship, etc) is amended as...

s.sch008 In Article 35(1) (assignment of functions by nearest relative) omit...

s.sch008 (1) Article 36 (appointment by county court of acting nearest...

s.sch008 (1) Article 37 (discharge and variation of orders under Article...

s.sch008 In Article 39 (special provision as to wards of court)...

s.sch008 In Article 40 (duty of approved social worker to make...

s.sch008 In Article 41 (applications, recommendations and reports under Part 2)...

s.sch008 Omit Part 3 (patients concerned in criminal proceedings or under...

s.sch008 In the heading of Part 4, at the end insert...

s.sch008 For Article 62 substitute— Patients to whom the provisions of...

s.sch008 (1) Article 2 (interpretation) is amended as follows.

s.sch008 (1) Article 63 (treatment requiring consent and a second opinion)...

s.sch008 In Article 64(1)(b) (treatment requiring consent or second opinion) after...

s.sch008 In Article 65 (plans of treatment)— (a) for “Article 63...

s.sch008 In Article 66(1) (withdrawal of consent) after “63” insert “...

s.sch008 (1) Article 67 (review of treatment) is amended as follows....

s.sch008 (1) Article 68 (urgent treatment) is amended as follows.

s.sch008 In Article 69 (treatment not requiring consent) after “63” insert...

s.sch008 For the heading of Part 5 substitute— “ THE REVIEW...

s.sch008 In Article 70(1) (constitution of the Review Tribunal) for “Mental...

s.sch008 (1) Article 71 (applications to the tribunal under Part 2)...

s.sch008 In Article 72(1) (reference of cases of Part 2 patients...

s.sch008 (1) Article 73 (duty on Boards to refer cases to...

s.sch008 Omit Articles 74 to 76 (applications and references concerning Part...

s.sch008 (1) Article 77 (power to discharge patients other than restricted...

s.sch008 Omit Articles 78 to 80 (discharge of restricted patients etc)....

s.sch008 In Article 81 (visiting and examination of patients) omit “or...

s.sch008 For Article 82 substitute— Applications to the tribunal (1) Applications to the Review Tribunal may be made only...

s.sch008 (1) Article 83 (procedure of Tribunal) is amended as follows....

s.sch008 Omit Article 84 (interpretation of Part 5).

s.sch008 In the heading of Part 2 for “AND GUARDIANSHIP” substitute...

s.sch008 Omit Part 6 (functions of RQIA).

s.sch008 In Article 90 (registration of private hospitals) omit paragraph (1)....

s.sch008 Omit Articles 91 to 94 (provisions about registration and inspections)....

s.sch008 Omit Article 96 (offences under Part 7).

s.sch008 Omit Part 8 (management of property and affairs of patients)....

s.sch008 In Article 111(1) (code of practice)— (a) in sub-paragraph (a)...

s.sch008 In Article 113(1) (miscellaneous powers of the Board etc) omit...

s.sch008 (1) Article 116 (powers of the Board etc in relation...

s.sch008 (1) Article 118 (provision information by Department etc) is amended...

s.sch008 (1) Article 120 (unlawful detention of patients) is amended as...

s.sch008 (1) Article 4 (admission for assessment) is amended as follows....

s.sch008 (1) Article 121 (ill-treatment of patients) is amended as follows....

s.sch008 In Article 124(1)(a) (assist patients to absent themselves without leave)...

s.sch008 In Article 127 (voluntary use of services) omit paragraph (2)....

s.sch008 Omit Article 128 (pay, pensions etc of patients).

s.sch008 (1) Article 129 (warrants) is amended as follows.

s.sch008 Omit Article 130 (mentally disordered persons found in public places)....

s.sch008 In Article 131(1) (custody, conveyance and detention) for “a place...

s.sch008 (1) Article 132 (retaking of patients escaping from custody) is...

s.sch008 (1) Article 133 (protection for acts done in pursuance of...

s.sch008 Omit Schedule 2 (application of Part 2 to patients detained...

s.sch008 In Article 8 (effect of application for assessment) omit paragraph...

s.sch008 Omit Schedule 2A (supervision and treatment orders).

s.sch008 (1) Schedule 3 (the Tribunal) is amended as follows.

s.sch008 In Article 12 (detention for treatment) omit paragraph (3).

s.sch008 In Article 13(1) (renewal of authority for detention) after “discharged”...

s.sch009 Paragraphs 2 to 5 apply for the purposes of this...

s.sch009 (1) This paragraph applies where jurisdiction is exercisable under this...

s.sch009 A reference in this Schedule to the exercise of jurisdiction...

s.sch009 In exercising jurisdiction under this Schedule, the court may, if...

s.sch009 Where a protective measure is taken in one country but...

s.sch009 (1) If the donor of a lasting power is habitually...

s.sch009 (1) Where a lasting power is not exercised in a...

s.sch009 Regulations may provide for Schedule 4 (lasting powers of attorney:...

s.sch009 (1) This paragraph applies where a person (a “representative”) in...

s.sch009 Where the court is entitled to exercise jurisdiction under this...

s.sch009 Nothing in this Part requires or enables the application in...

s.sch009 (1) “Convention” means the Convention on the International Protection of...

s.sch009 (1) A protective measure taken in relation to an adult...

s.sch009 (1) An interested person may apply to the court for...

s.sch009 For the purposes of paragraphs 20 and 21, any finding...

s.sch009 (1) An interested person may apply to the court for...

s.sch009 (1) This paragraph applies where— (a) provision giving effect to,...

s.sch009 The court may not review the merits of a measure...

s.sch009 (1) This paragraph applies where a public authority proposes to...

s.sch009 A proposal received by a public authority under Article 33...

s.sch009 (1) This paragraph applies if a public authority is told...

s.sch009 A public authority may not request from, or send to,...

s.sch009 (1) “Country” includes a territory which has its own system...

s.sch009 A certificate given under Article 38 by an authority in...

s.sch009 (1) Regulations may make provision— (a) giving further effect to...

s.sch009 Nothing in this Schedule applies, and no provision made under...

s.sch009 “Adult” means a person who— (a) as a result of...

s.sch009 (1) “Protective measure” means a measure directed to the protection...

s.sch009 (1) This Schedule does not apply to a relevant person...

s.sch009 (1) Any function under the Convention of a Central Authority...

s.sch009 (1) The court may exercise its functions under this Act...

s.sch009 (1) The court may also exercise its functions under this...

s.sch010 In section 116(1) (fees) after “Enforcement of Judgments Office” insert...

s.sch010 (1) Section 30(1) (interpretation of Part 1) is amended as...

s.sch010 (1) Section 36 (detention of defendant pending appeal by the...

s.sch010 In section 45(3ZA) (powers of court exercisable by single judge)...

s.sch010 (1) Section 50 (interpretation) is amended as follows.

s.sch010 Omit Schedule 2 (consequences and effect of order under section...

s.sch010 (1) Article 28 (appeals and applications to county courts) is...

s.sch010 In Article 140 (appeals against conviction, sentence etc) after paragraph...

s.sch010 (1) In Schedule 1 (appeals to Supreme Court in certain...

s.sch010 (1) Section 7 (supplementary provisions as to retrial) is amended...

s.sch010 In section 10(5) (appeals against interim hospital orders) for “interim...

s.sch010 In section 11 (appeal against conviction: substitution of finding of...

s.sch010 In section 12(1) (appeal against finding of not guilty on...

s.sch010 (1) Section 13 (disposal of appeal allowed under section 12)...

s.sch010 (1) Section 13A (appeal against finding of unfitness to be...

s.sch010 (1) Section 29A (effect of interim hospital orders) is amended...

Help complying

Guvnor’s practical routes through this instrument.

RQIA registration quick check

Quick checklist for Northern Ireland care providers to check whether their service needs RQIA registration, fit person requirements, care standards, and what …

Responding to RQIA enforcement action

What to do when RQIA takes enforcement action against your care service in Northern Ireland. Covers conditions of registration, improvement notices, failure …

Starting a regulated business in Northern Ireland

A guided learning path for businesses in Northern Ireland that operate in regulated sectors. Covers the three key NI-specific regulators — HSENI, …

Healthcare and social care compliance in Northern Ireland

A guided pathway through RQIA regulation for healthcare and social care providers in Northern Ireland. Covers how regulation works, registering your service, …

1 more guide that reference this instrument

Understanding RQIA: healthcare and social care regulation in Northern Ireland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Mental Capacity Act (Northern Ireland) 2016

Does it bind you?

Other Acts binding the same actors

What it requires

PRINCIPLES

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

NOMINATED PERSON

INDEPENDENT MENTAL CAPACITY ADVOCATES

LASTING POWERS OF ATTORNEY

HIGH COURT POWERS: DECISIONS AND DEPUTIES

PUBLIC GUARDIAN AND COURT VISITORS

RESEARCH

POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY

CRIMINAL JUSTICE

TRANSFER BETWEEN JURISDICTIONS

CHILDREN

OFFENCES

MISCELLANEOUS

SUPPLEMENTARY

Schedules

Help complying

RQIA registration quick check

Responding to RQIA enforcement action

Starting a regulated business in Northern Ireland

Healthcare and social care compliance in Northern Ireland