
1 

(1) This Order may be cited as the Mental Capacity (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2019.
(2) In this Order—
 “the 1986 Order” means the Mental Health (Northern Ireland) Order 1986;
 “the Act” means the Mental Capacity Act (Northern Ireland) 2016;
 “an act” is an act that requires the protection of liability in accordance with section 9 of the Act;
 “deprivation of liberty” has the same meaning as in the Act subject to the conditions in Article 3;
 “offences” means the offences found in sections 267 to 270 and 272 to 273 of the Act; and
 “research” means research under sections 132 to 138 of the Act.
2 

(1) The day appointed for the coming into operation of the provisions of the Act specified in Part 1 of the Schedule for all purposes is 1st October 2019.
(2) The day appointed for the coming into operation of the provisions of the Act specified in Part 2 of the Schedule, in so far as it relates to an act that is a deprivation of liberty, research, offences or section 276 (power to make regulations about dealing with money and valuables), is 1st October 2019.
(3) The day appointed for the coming into operation of the provisions of the Act specified in Part 3 of the Schedule, in so far as it relates to an act that is a deprivation of liberty, is 1st October 2019.
(4) The day appointed for coming into operation of the provisions of the Act specified in Part 4 of the Schedule, in so far as it relates to an act that  is a deprivation of liberty, is 1st October 2020.
3 
The provisions of the Act that are included in the Schedule and which are commenced by Article 2 of this Order do not apply in any circumstances in which a deprivation of liberty may instead be authorised by virtue of the provisions contained in Part 2 or Part 3 of the Mental Health (Northern Ireland) Order 1986.
4 
Until the coming into operation of section 265 of the Act, the duty on hospital managers which appears at Article 3D “In-patients under 16: duties of hospital managers”, which is to be inserted into the Mental Health (NI) Order 1986 by section 266 of and Schedule 8 paragraph 4 to the Act shall apply to in-patients under 18 and the heading at Article 3D shall instead be construed as “In-patients under 18 – duties of hospital managers”.
Sealed with the Official Seal of the Department of Health on 29th August 2019.
Mark Lee
A senior officer of the Department of Health.

SCHEDULE
Article 2
PART 1

Provisions of the Act Subject Matter
Sections 132 to 138 Research
Section 266(1)(c) and Schedule 8 paragraphs 1, 2, 3(1), (2), (3) but omit after “(Northern Ireland) 2016” and (9), 4 but omit until “In-patients under 16: duties of hospital managers”, 38, 39, 47, 48(1), (2), (5) and (6), and 71 Amendments to the Mental Health (Northern Ireland) Order 1986 to allow for a functioning Review Tribunal and to provide a duty on hospital managers in relation to age appropriate accommodation
Section 274 The Review Tribunal - renaming
Section 276 Money and valuables
Section 303(2) and Schedule 11 in so far as it relates to Article 83 of, and Schedule 3 paragraph 4(1) and (5) to, the Mental Health (Northern Ireland) Order 1986 Repeals of parts of the Mental Health (Northern Ireland) Order 1986
PART 2

Provisions of the Act Subject Matter
Sections 1 to 8 Principles, including capacity assessment and best interests
PART 3

Provisions of the Act Subject Matter
Section 9(1) to (3) Protection from liability - general
Section 9(4)(b) Protection from liability – additional safeguards
In section 9(4)(d) “sections” and “24,26” Protection from liability – additional safeguards
Section 9(5) and (6) Protection from liability – help and support and parents
Section 10(1) Limitations of section 9
Sections 13 to 15 Additional safeguards – formal assessment of capacity and nominated persons
Section 24 Deprivation of liberty – additional safeguards
Section 25 and Schedule 1 paragraphs 1, 2(1), 2(2)(b), 2(3), 2(4)(b), 3, 5 to 8, 10, 13 to 16, 19, 20 and 22 to 27 and Schedule 2 Deprivation of liberty – additional safeguards
Sections 26 and 27 Deprivation of liberty – additional safeguards
Sections 37 to 39 Extensions of authorisation
Section 40 and Schedule 3 paragraphs 1, 2(1), 2(2), 2(3)(a), 3 to 9 Extension of authorisation
Section 41(1), (2)(b), (3) and (4) Extensions of authorisation
Section 42 Extensions of authorisation
Section 43(1) to (6) and (7)(a) Extensions of authorisation
Section 44 Extensions of authorisation
Section 45(1) to (3) Review Tribunal applications
Section 45(4) but omitting “section 29(4) or 32(4) or” Review Tribunal applications
Sections 46 to 48 Review Tribunal applications
Section 50(1)(a), (b) but omitting “or (d)”, (c), (2) and (3) References to the Tribunal
Section 51(1) to (3), (4)(b) and (5) Review Tribunal powers
Sections 52 and 53 Review Tribunal powers
Section 54 Medical reports and nominated person
Section 56(1), (2)(a), (3) and (4) Medical reports and emergency situations
Sections 57 to 59 Provisions of information and other supplementary provisions
Section 60(1) and (2)(d) Acts where Part 2 is not applicable
Sections 61 and 62 Power to make further provisions and disregard
Section 63(2)(a) Protection from liability – definition of serious intervention
Section 64 Protection from liability – definition of serious intervention
Section 65(1) but omitting “16” to “20” and “28 and 35”, (2) to (5) Emergency provisions
Section 66(1)(a), (b), (d) but omitting “19,20” and “28”, (2) to (6) Emergency provisions – definitions etc
Sections 67 to 68 Failure by person other than D to take steps to ensure safeguards are met and interpretations of Part 2
Sections 69 to 79 Nominated persons provisions
Section 80(1) to (4), (5)(a) to (c), (f) and (g), (6) and (7) Nominated persons provisions
Sections 81 to 85 Nominated persons provisions
Section 267(1), (2)(a), (3) and (4) Offence of ill-treatment and neglect
Section 268(1), (2), (3)(a), (c), (d), (4), (5) Offence of forgery, false statement, etc
Section 270 Offence of assisting a person to absent themselves
Section 272(1) to (3), (4)(b) until “48” and (c) but omitting “or 126” Offences of obstruction
Section 273 Offences by bodies corporate
Section 275 Review Tribunal
Section 280 Approved social workers
Section 281 Miscellaneous functions of HSC trusts
Section 288(1)(a) to (c), (e) and (i), (2) to (8) Code of Practice
Section 289(1), (2)(a), (b), (3) and (4) Code of Practice
Sections 290(1) and (2)(a), (c) and (d) and 291(1) and (2)(a) and (c) and (3) Provision of information and facilities
Section 292 Warrants
Section 296 Special accommodation
Section 297 Trust panels
Section 300(1)(a) and (c) to (e), and (2) to (4) Medical practitioners who can make medical reports
Section 301 Documents appearing to be duly made
PART 4

Provisions of the Act Subject Matter
Section 269 Offence of unlawful detention