s 43 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 the person’s knowledge or suspicion is based. (2) Any health care worker who makes a notification under subsection (1) —(a) may 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 or she 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 1999, pharmacist registered under the Pharmacists Registration Act 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 may 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 (b) to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1). (5) In this section, “court” means any court of competent jurisdiction.