SCHEDULES

SCHEDULE A1F1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. A1 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 4Standard authorisations

Other authority for detention: request for authorisation

27

1

This paragraph applies if, by virtue of section 4A(3), a decision of the court authorises the relevant person to be a detained resident.

2

Paragraph 24 does not require a request for a standard authorisation to be made in relation to that detention unless these conditions are met.

3

The first condition is that the standard authorisation would be in force at a time immediately after the expiry of the other authority.

4

The second condition is that the standard authorisation would not be in force at any time on or before the expiry of the other authority.

5

The third condition is that it would, in the managing authority's view, be unreasonable to delay making the request until a time nearer the expiry of the other authority.

6

In this paragraph—

a

the other authority is—

i

the decision mentioned in sub-paragraph (1), or

ii

any further decision of the court which, by virtue of section 4A(3), authorises, or is expected to authorise, the relevant person to be a detained resident;

b

the expiry of the other authority is the time when the other authority is expected to cease to authorise the relevant person to be a detained resident.