2 Circumstances in which mental incapacity justification does not apply
The condition specified in sections 24(3)(b) and 24K(2)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—
(a) an enduring power of attorney;
(b) functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986.
S.I. 1986/595 (N.I.4)