Mental Capacity Act Legislation

The Mental Capacity Act (NI) 2016 (‘the Act’) is being partially commenced and currently provides new statutory framework in relation to deprivation of liberty.

Regulations associated with the Act provide technical details in relation to the first phase commencement of the Act for the purpose of deprivation of liberty, research and money & valuables. The research provisions came into operation on 1 October 2019 and the other provisions came into operation on 2 December 2019.

The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019 cover formal assessment of capacity, appointment of nominated persons, authorisations and extensions and trust panel operations, as well as including statutory forms for use by professionals.

The Commencement Order details the specific provisions of the Act that have been commenced in Phase One.

To manage the commencement of the Act, the Mental Health (NI) Order 1986 will initially be kept for all and a dual system will operate with both the 1986 Order and the Act providing statutory frameworks for DoL.

Links to the Act, the Regulations, the Commencement Order (as well as the 1986 Order) are provided below.

Mental Capacity Act (NI) 2016

• Mental Capacity Act (NI) 2016

Mental Capacity (2016 Act) (Commencement No.1) Order (NI) 2019

• Mental Capacity (2016 Act) (Commencement No.1) Order (NI) 2019

Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019

• The Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019 (legislation.gov.uk)
   

Mental Capacity (Research) Regulations (Northern Ireland) 2019

• The Mental Capacity (Research) Regulations (Northern Ireland) 2019 (legislation.gov.uk)

Mental Capacity (Money and Valuables) Regulations (Northern Ireland) 2019

• The Mental Capacity (Money and Valuables) Regulations (Northern Ireland) 2019 (legislation.gov.uk)

Mental Health (NI) Order 1986

• Mental Health (NI) Order 1986

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