Mental Capacity Act Legislation

This section provides links to the relevant legislation.

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

The new legislation commenced on 2 December 2019. It is important to note that not all provisions in the Act are being commenced at this time.

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

The deprivation of liberty Regulations will 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 will detail the specific provisions of the Act which are being commenced in Phase 1.

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) will be provided below when available.

Mental Capacity Act (NI) 2016

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

Mental Health (NI) Order 1986

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