3. (1) This paragraph applies where— (a) a report under paragraph... Extension by panel of period of authorisation. Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.. ! March 2021. 5. The Mental Capacity (Northern Ireland) 2016 came in to force in March 2016 Marking the passage of the Bill, Justice Minister, David Ford, said: “This Bill deals with a number of civil and criminal justice matters. (1) An authorisation granted by the making of a report... Part 3 Events terminating the authorisation, Expiry where failure to admit P within period required. Power of Attorney in Northern Ireland Power of Attorney (PoA) allows you to choose someone else to make important decisions or act on your behalf, should you be unable to do so in the future. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 15. 23.If in the case of a registered instrument it appears... 24.If in the case of a registered instrument it appears... 25.If in the case of a registered instrument the court... 26.If the Public Guardian attaches a note to an instrument... Property and affairs: supplementary provisions. Personal and Public Involvement (PPI) Personal and Public Involvement (PPI) is a legislative requirement for Health and Social Care organisations as laid down in the Health and Social Services (Reform) Northern Ireland Act 2009. 4. denied necessary treatment simply because they are unable to consent This article examines the changes made to mental health and capacity laws in Northern Ireland through temporary emergency legislation, known as the Coronavirus Act 2020. 20. In this Schedule— “authorisation” is defined by section 37; “authorised... (1) An application under this Schedule may be made where—... (1) Having considered the application, the panel must either—. 2. Applications and procedure for registration. 6. 42. 30. 16. 14.Omit Schedule 2 (consequences and effect of order under section... County Courts (Northern Ireland) Order 1980 (NI 3). (1) Article 129 (warrants) is amended as follows. Before Article 2 insert— Interpretation of Order . 58. This broadly 7. The Mental Capacity Act (Northern Ireland) 2016 (MCA) is an example of a ‘fusion’ legislation – a generic law applicable across all medical specialties and social care where an intervention is proposed and the person has impaired decision-making capacity. the! 8. 28. Mental health and capacity laws in Northern Ireland and the COVID-19 pandemic : Examining powers, procedures and protections under emergency legislation. 4. 12. Northern Ireland's devolved government is to put the COVID-19 'stay at home' message into law, the first minister has announced. At the same time, the Act provides a framework for making decisions on behalf of people who lack capacity and uses the principle of best interests to guide this. 17. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Instrument containing ineffective provision. (1) The medical report included in a report under paragraph... Consultation required before report authorising detention is made. Copyright @ 2018 Compassion in Dying is a company limited by guarantee no. (1) The panel must comply with paragraph 8(1) as soon... General requirements as to making instruments. Stay up to date with the latest training & events from Law Centre NI. 8. New information on how to make your wishes known if you get coronavirus. (1) The grant of an authorisation under paragraph 15 (“the... 27.For the avoidance of doubt, the fact that a particular... Authorisation of short-term detention in hospital for examination etc. (1) This paragraph applies where a will is executed in... Vesting orders ancillary to settlement etc. 25. 57. 90. 9.In Article 13(1) (renewal of authority for detention) after “discharged”... 10.After Article 14 insert— Liability to detention under Part 2... 11.Omit Articles 18 to 26 (guardianship). (1) Having considered the application, the panel must—, Specifying detention amounting to deprivation of liberty. In applying the criteria in this Part of this Schedule... (1) Where the relevant trust receives an application duly made... (1) Having considered the application, the panel must—. Bill! 9. 15. 23. 19. The Act is a significant step forward for promoting the dignity, autonomy and human rights of citizens of Northern Ireland and is the first piece of law in the world to combine mental health and mental capacity law. (1) Article 27 (duty of authority to give information to... 14.In Article 28 (transfer of patients) omit—. The Bill has been long in gestation, and should be seen against a backdrop of a (current) landscape framework where questions relating to decision-making on behalf of those without capacity are predominantly determined under the common law, and questions relating to the treatment of mental disorder are determined by reference to the now distinctly venerable Mental Health Order 1986 (NI). Access essential accompanying documents and information for this legislation item from this tab. 23. 7. However, an advance refusal of treatment is an important statement of your wishes and should be taken into account if decisions are being made on your behalf. Protection from liability for acts in best interests of person lacking capacity, Acts of restraint: condition that must be met, Section 13: formal capacity assessments and statements of incapacity, Nominated person: need to have in place and consult, Second opinion needed for certain treatment, Second opinion needed for continuation of medication, CHAPTER 4 ADDITIONAL SAFEGUARD: AUTHORISATIONS, Treatment with serious consequences: objection from nominated person, Treatment with serious consequences: resistance by P etc, Meaning of “treatment with serious consequences”, Sections 19 and 20: the prevention of serious harm condition, Meaning of “subject to an additional measure”, Taking person to a place for deprivation of liberty, Requirements to attend for certain treatment, Duty to revoke requirement where criteria no longer met, Community residence requirements: authorisation etc, Meaning of “community residence requirement”, Duty to revoke community residence requirement where criteria no longer met, Duties in relation to people subject to community residence requirements, Community residence requirements: further provision, Independent mental capacity advocate: need to have in place and consult, First extension of period of authorisation, Extension of period where responsible person not of the requisite opinion, Meaning of “measure”, “authorised measure” and “the criteria for continuation”, Effect of extension on authorisation where authorised measure unused etc, Power of certain persons to refer case to Tribunal, Duty of HSC trust to refer case to Tribunal, References etc to Tribunal: persons formerly detained under the Mental Health Order, Duty of HSC trust to notify the Attorney General, Powers of Tribunal in relation to authorisation under Schedule 1, Powers of Tribunal in relation to authorisation under Schedule 2, Sections 51 and 52: additional powers of Tribunal, Medical reports: involvement of nominated person, Medical reports: involvement of independent mental capacty advocate, Sections 54 and 55: meaning of “emergency”, Ways in which information must be provided, Failure by person other than D to take certain steps, Part 2 not applicable where other authority for act, Acts that are “part of” serious interventions, Meaning of “emergency” in relation to safeguard provisions, Failure by persons other than D to take steps to ensure safeguard met, Declaration that particular person not to be nominated person, Notice declining to be a person’s nominated person, Application to Tribunal for appointment of nominated person, Tribunal’s power to appoint nominated person, Tribunal’s power to disqualify person from being default nominated person, Revocation of Tribunal’s appointment where P regains capacity, Duties in relation to nominated person: supplementary, Functions of independent mental capacity advocates: provision of support, etc, Request for independent mental capacity advocate to be instructed, Steps to be taken before independent mental capacity advocate may be requested, Right to declare that no independent mental capacity advocate to be instructed, Instruction of independent mental capacity advocate, Powers of independent mental capacity advocates, Right of person to discontinue involvement of independent mental capacity advocate, Continuing duty of trust in relation to independent mental capacity advocate, Formalities for declarations under Part 4, Restrictions on scope of lasting power of attorney, Relationship between advance decisions and lasting powers of attorney, Scope of lasting powers of attorney: gifts, Appointment of attorneys: requirements as respects attorneys, Appointment of two or more replacements for a single initial appointee, Replacement attorneys: position where two or more initial appointees, Revocation of lasting power etc by donor or on donor’s bankruptcy, Revocation etc: events relating to the attorney, Protection of attorney and others if no power created or power revoked, Reliance on authority of attorney in relation to treatment etc, Powers of court as to lasting powers of attorney, Powers of court as to operation of lasting powers of attorney, The court’s powers to make decisions and appoint deputies: general, Section 113 powers: care, treatment and personal welfare, Reliance on authority of deputy in relation to treatment etc, Powers of Public Guardian or Court Visitor in respect of reports under section 120(2), Notifications under section 128: procedure and effect, Section 132: exception for clinical trials, Requirement to consult nominated person, carer etc, Section 135: exception for urgent treatment, Loss of capacity during research project: transitional cases, Search of person on exercise of power to remove, Power of police to detain in hospital a person removed from a public place, Power to detain in police station a person removed from a public place, Sections 142 and 143: the detention conditions, Transfer from one place of safety to another, Duty to inform certain persons where power of removal or transfer used, Section 147: meaning of “the required information” etc, Responsibilities of the appropriate officer, Searches of person following removal to place of safety, Searches and examination to ascertain identity, Principles applying for purposes of Part 9, Power of constable to use reasonable force, Relationship of Part 9 to other provisions, Section 162: meaning of “an accused person”, Section 162: the medical report condition, Further provision about making of public protection orders, Power to direct the ending of restrictions under a public protection order, Effect of ending of restrictions under a public protection order, Hospital direction when passing custodial sentence, Detention under a public protection order without restrictions, Discharge from detention by responsible medical practitioner, Detention under a public protection order with restrictions, Discharge from detention by Department of Justice, Power to recall person who has been conditionally discharged, Reports by responsible medical practitioner, Direction for person to attend for purposes of justice etc, Duties and powers to release from detention, Procedure where question of fitness to be tried arises, Finding that the accused did the act or made the omission charged, Procedure in relation to finding of insanity, Powers to deal with person unfit to be tried or not guilty by reason of insanity, Remission for trial where person no longer unfit to be tried, Power to make order where the accused did the act or made the omission charged, Power to make restraining order following finding of unfitness to plead etc, Power to transfer person serving custodial sentence etc to hospital, Conditions for transfer under section 211, Transfer of civil prisoner or immigration detainee to hospital, Detention in hospital on removal under section 214, Termination of direction under section 214, Transfer to hospital of person remanded by magistrates’ court, Detention in hospital on removal under section 217, Termination of direction under section 217 etc, Transfer of certain other detainees to hospital, Detention in hospital on removal under section 220, Termination of direction under section 220, Powers of Tribunal as to public protection order without restrictions, Powers of Tribunal as to public protection order with restrictions, Sections 231 and 232: the prevention of serious harm condition, Sections 231 and 232: additional powers of Tribunal etc, Applications and references to Tribunal where person recalled, Applications to Tribunal where person has not been recalled, Section 238: additional powers of Tribunal, Section 238: procedure where prevention of serious harm condition is not met, Section 20 may apply to person detained under Part 10, Effect of court order or direction on previous authority for hospital detention, Appeals against orders made on finding of unfitness to be tried etc, Hospital directions: cases stated by magistrates’ courts, Interpretation of Part 10: impairment of or disturbance in the functioning of the mind or brain, Interpretation of Part 10: references to disorder, Removal of persons detained under Part 2 to England or Wales, Removal of persons detained under Part 2 to Scotland, Removal of certain persons detained under Part 10 to England or Wales, Removal of certain persons detained under Part 10 to Scotland, Persons to be detained under Part 2 after removal from England or Wales, Persons to be detained under Part 2 after removal from Scotland, Persons to be detained under Part 10 after removal from England or Wales, Persons to be detained under Part 10 after removal from Scotland, Removal or transfer from Northern Ireland: power to make further provision, Persons removed or transferred to Northern Ireland: power to make further provision, In-patients under 18: duties of hospital managers, Amendments of Mental Health Order: children etc, Unlawful detention of persons lacking capacity etc, Assisting persons to absent themselves without permission, Assisting breach of community residence requirement, Renaming of Mental Health Review Tribunal, Visiting etc powers of medical practitioners in connection with the Tribunal, Power to make regulations about dealing with money and valuables, Contravention of regulations under section 276(2), Review of law relating to advance decisions, Relationship of Act with law relating to murder etc, Provision of information by HSC trusts and the Department, Provision of facilities by HSC trusts and the Department, Warrants: persons liable to be detained under 1983 Act or 2005 Order, Retaking of persons escaping from legal custody, Panels constituted to decide applications: general provision, Protection for acts done in pursuance of Part 9 or 10, Medical practitioners who may make certain medical reports.