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

Right of third party to require consideration of whether authorisation needed

71

1

This paragraph applies if—

a

the supervisory body obtain an assessment under paragraph 69,

b

the assessment comes to the conclusion that the relevant person is a detained resident, and

c

it appears to the supervisory body that the detention of the person is not authorised as mentioned in section 4A.

2

This Schedule (including Part 5) applies as if the managing authority of the relevant hospital or care home had, in accordance with Part 4, requested the supervisory body to give a standard authorisation in relation to the relevant person.

3

The managing authority of the relevant hospital or care home must supply the supervisory body with the information (if any) which the managing authority would, by virtue of paragraph 31, have had to include in a request for a standard authorisation.

4

The supervisory body must notify the persons specified in paragraph 69(8)—

a

of the outcome of the assessment obtained under paragraph 69, and

b

that this Schedule applies as mentioned in sub-paragraph (2).