Page:Mental Capacity Act 2008.pdf/41

42 (8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of such bond, he shall—
 * (a) if such bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or
 * (b) if such bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.

(9) In this section, “court” means any court of competent jurisdiction.

Information relating to persons who lack capacity

43.—(1) Any person who knows or has reason to suspect that a person who lacks capacity is in need of care or protection may make a notification to the Public Guardian of the facts and circumstances on which his knowledge or suspicion is based.

(2) Any health care worker who makes a notification under subsection (1)—
 * (a) shall not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and
 * (b) insofar as he has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification.

(3) In subsection (2), “health care worker” means any registered medical practitioner, dentist registered under the Dental Registration Act (Cap. 76), pharmacist registered under the Pharmacists Registration Act 2007 (Act 48 of 2007), therapist, psychologist, social worker, counsellor, nurse, attendant or other person providing health care services.

(4) Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence shall not be compelled—
 * (a) to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or