Mental Capacity Act 2005 (c. 9)

Textual Amendments

F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )

SCHEDULESF1 F1

[F1 SCHEDULE A1 E+W Hospital and care home residents: deprivation of liberty

Part 4 E+W Standard authorisations

Right of third party to require consideration of whether authorisation needed E+W

67 E+W For the purposes of paragraphs 68 to 73 there is an unauthorised deprivation of liberty if—

(a) a person is already a detained resident in a hospital or care home, and

(b) the detention of the person is not authorised as mentioned in section 4A.]