SCHEDULESF1F1

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Part 11IMCAs

Section 39C IMCA: functions

159

1

This paragraph applies if, and for as long as, there is a section 39C IMCA.

2

In the application of the relevant provisions, references to the relevant person's representative are to be read as references to the section 39C IMCA.

3

But sub-paragraph (2) does not apply to any function under the relevant provisions for as long as the function is suspended in accordance with provision made under Part 10.

4

In this paragraph and paragraph 160 the relevant provisions are—

a

paragraph 102(3)(b) (request for review under Part 8);

b

paragraph 108(1)(b) (notice of review under Part 8);

c

paragraph 120(1)(c) (notice of outcome of review under Part 8).

160

1

This paragraph applies if—

a

a person is appointed as the relevant person's representative, and

b

a person accordingly ceases to hold an appointment as a section 39C IMCA.

2

Where a function under a relevant provision has been exercised by, or towards, the section 39C IMCA, there is no requirement for that function to be exercised again by, or towards, the relevant person's representative.