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 5Urgent authorisations

Duty to give authorisation

76

1

The managing authority must give an urgent authorisation in either of the following cases.

2

The first case is where—

a

the managing authority are required to make a request under paragraph 24 or 25 for a standard authorisation, and

b

they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before they make the request.

3

The second case is where—

a

the managing authority have made a request under paragraph 24 or 25 for a standard authorisation, and

b

they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before the request is disposed of.

4

References in this paragraph to the detention of the relevant person are references to the detention to which paragraph 24 or 25 relates.

5

This paragraph is subject to paragraph 77.