Mental Capacity Act

During the Coronavirus emergency, temporary modifications are made to the Deprivation of Liberty Safeguards. A temporary Code of Practice and additional forms have been created. See bottom of the page for further information.

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, offences and money and valuables in residential care and nursing homes commenced on 2 December 2019. Information on the Act and its commencement is available in the relevant sections below. These sections, and wider content, will be updated with additional information and resources as we progress towards the commencement date.


The Mental Capacity Act (NI) 2016 (“the Act”) is a ground-breaking piece of legislation that, when fully commenced, will fuse together mental capacity and mental health law ... more


The Mental Capacity Act (NI) 2016 is being partially commenced and will provide a new statutory framework in relation to deprivation of liberty ... more


Specific training must be undertaken in order to carry out certain functions under the Act (such as carrying out a formal assessment of capacity, sitting on a Trust Panel etc.) ... more




MCA Code of Practice Image

Code of Practice

The legal framework provided by the Act is supported by Codes of Practice which provide practical information for how the Act works.....more

MCA Forms Image


The legal framework provided by the Act is supported by a set of Forms that are to be used as required under the Act.....more

Mental Capacity Act FAQs Image


This section provides a series of frequently asked questions (FAQs) in relation to the implementation of Phase 1 of the Mental Capacity Act......more


The Coronavirus Act 2020 and temporary Regulations … more

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