Statutory Rules of Northern Ireland

2020 No. 246 (C. 8)

Mental Capacity

The Mental Capacity (2016 Act) (Commencement No.1) (Amendment) Order (Northern Ireland) 2020

Made

10th November 2020

The Department of Health(1) makes the following Order in exercise of the power conferred by section 307 of the Mental Capacity Act (Northern Ireland) 2016(2).

Citation and interpretation

1.-(1) This Order may be cited as the Mental Capacity (2016 Act) (Commencement No.1) (Amendment) Order (Northern Ireland) 2020.

(2) In this Order "the principal Order" means the Mental Capacity (2016 Act) (Commencement No.1) Order (Northern Ireland) 2019(3).

Amendments of the principal Order

2.-(1) The principal Order is amended as follows.

(2) In Article 2(5) (appointed days for provisions coming into operation) of the principal Order for "2nd December 2020" substitute "31st May 2021".

(3) In the Schedule to the principal Order in the heading of Part 5 for the words, "Provisions coming into operation on 2nd December 2020 in so far as it relates to an act that is a deprivation of liberty" substitute "Provisions coming into operation on 31st May 2021 in so far as it relates to an act that is a deprivation of liberty".

Sealed with the Official Seal of the Department of Health on 10th November 2020

Legal seal

Mark Lee

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Mental Capacity (2016 Act) (Commencement No.1) Order (Northern Ireland) 2019, as amended by the Mental Capacity (2016 Act) (Commencement No.1) (Amendment) Order (Northern Ireland) 2019, by postponing the commencement date for the offence of unlawful detention from the 2nd December 2020 to 31st May 2021.