SCHEDULES

SCHEDULE 1AF1Persons ineligible to be deprived of liberty by this Act

Annotations:
Amendments (Textual)
F1

Sch. 1A omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)

F1Part 1Ineligible persons

Determining ineligibility

2

A person (“P”) is ineligible to be deprived of liberty by this Act (“ineligible”) if—

a

P falls within one of the cases set out in the second column of the following table, and

b

the corresponding entry in the third column of the table —or the provision, or one of the provisions, referred to in that entry — provides that he is ineligible.

Status of P

Determination of ineligibility

Case A

P is—

  1. a

    subject to the hospital treatment regime, and

  2. b

    detained in a hospital under that regime.

P is ineligible.

Case B

P is—

  1. a

    subject to the hospital treatment regime, but

  2. b

    not detained in a hospital under that regime.

See paragraphs 3 and 4.

Case C

P is subject to the community treatment regime.

See paragraphs 3 and 4.

Case D

P is subject to the guardianship regime.

See paragraphs 3 and 5.

Case E

P is—

  1. a

    within the scope of the Mental Health Act, but

  2. b

    not subject to any of the mental health regimes.

See paragraph 5.