The Mental Capacity Act (NI) 2016 was enacted by the Assembly in May 2016. The first Phase of the Act came into operation in two stages - research provisions commenced on 1 October 2019 and provisions in relation to deprivation of liberty and money & valuables in hospitals and residential care and nursing homes commenced on 2 December 2019. Information on the Act and its commencement is available in the relevant sections below.
The five statutory Principles in the Act are the values that underpin the legal requirements of the Act and which must be taken account of in relation to every DoL. The first four Principles are all in relation to Capacity. The fifth Principle is in relation to Best Interests. ... more
The Act requires a nominated person (‘NP’) to be consulted when the best interests are considered in relation to a DoL. Under the Act, the person who lacks capacity (‘P’) is empowered to choose and appoint a NP, if P has capacity to do so. ... more
The Review Tribunal (formerly the Mental Health Review Tribunal) is an independent judicial body administered by the NI Courts and Tribunals Service as an Agency within the Department of Justice. ... more