SCHEDULES

SCHEDULE A1F2Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F2

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)

F2Part 13Interpretation

Interested persons

185

Each of the following is an interested person—

a

the relevant person's spouse or civil partner;

F1b

where the relevant person and another person are not married to each other, nor in a civil partnership with each other, but are living together as if they were a married couple F3or civil partners: that other person;

d

the relevant person's children and step-children;

e

the relevant person's parents and step-parents;

f

the relevant person's brothers and sisters, half-brothers and half-sisters, and stepbrothers and stepsisters;

g

the relevant person's grandparents;

h

a deputy appointed for the relevant person by the court;

i

a donee of a lasting power of attorney granted by the relevant person.

186

1

An interested person consulted by the best interests assessor is any person whose name is stated in the relevant best interests assessment in accordance with paragraph 40 (interested persons whom the assessor consulted in carrying out the assessment).

2

The relevant best interests assessment is the most recent best interests assessment carried out in connection with the standard authorisation in question (whether the assessment was carried out under Part 4 or Part 8).

187

Where this Schedule imposes on a person a duty towards an interested person, the duty does not apply if the person on whom the duty is imposed—

a

is not aware of the interested person's identity or of a way of contacting him, and

b

cannot reasonably ascertain it.

188

The following table contains an index of provisions defining or otherwise explaining expressions used in this Schedule—

age assessment

paragraph 34

age requirement

paragraph 13

age review assessment

paragraph 112(3)

appointment regulations

paragraph 138

assessment under this Schedule

paragraph 127

assessor (except in Part 9)

paragraph 33

assessor (in Part 9)

paragraphs 33 and 128

authorisation under this Schedule

paragraph 10

best interests (determination of)

section 4

best interests assessment

paragraph 38

best interests requirement

paragraph 16

best interests review assessment

paragraph 112(6)

care home

paragraph 178

change of reason ground

paragraph 106

complete (in relation to a review of a standard authorisation)

paragraph 118

deprivation of a person's liberty

section 64(5) and (6)

deputy

section 16(2)(b)

detained resident

paragraph 6

disposed of (in relation to a request for a standard authorisation)

paragraph 66

eligibility assessment

paragraph 46

eligibility requirement

paragraph 17

eligibility review assessment

paragraph 112(7)

eligible person (in relation to paragraphs 68 to 73)

paragraph 68

eligible person (in relation to Part 8)

paragraph 102(3)

expiry (in relation to an existing authorisation)

paragraph 125(b)

existing authorisation (in Part 8)

paragraph 125(a)

hospital

paragraph 175

IMCA

paragraph 158

in force (in relation to a standard authorisation)

paragraphs 63 and 64

in force (in relation to an urgent authorisation)

paragraphs 88 and 89

ineligible (in relation to the eligibility requirement)

Schedule 1A

interested person

paragraph 185

interested person consulted by the best interests assessor

paragraph 186

lack of capacity

section 2

lasting power of attorney

section 9

managing authority (in relation to a care home)

paragraph 179

managing authority (in relation to a hospital)

paragraph 176 or 177

maximum authorisation period

paragraph 42

mental capacity assessment

paragraph 37

mental capacity requirement

paragraph 15

mental capacity review assessment

paragraph 112(5)

mental health assessment

paragraph 35

mental health requirement

paragraph 14

mental health review assessment

paragraph 112(4)

negative conclusion

paragraph 112(2)(a)

new supervisory body

paragraph 99(b)

no refusals assessment

paragraph 48

no refusals requirement

paragraph 18

no refusals review assessment

paragraph 112(8)

non-qualification ground

paragraph 105

old supervisory body

paragraph 99(a)

positive conclusion

paragraph 112(2)(b)

purpose of a standard authorisation

paragraph 11(1)

purpose of an urgent authorisation

paragraph 11(2)

qualifying requirements

paragraph 12

refusal (for the purposes of the no refusals requirement)

paragraphs 19 and 20

relevant care or treatment

paragraph 7

relevant hospital or care home

paragraph 7

relevant managing authority

paragraph 26(4)

relevant person

paragraph 7

relevant person's representative

paragraph 137

relevant procedure

paragraph 128

review assessment

paragraph 112(1)

reviewable

paragraph 104

section 39A IMCA

paragraph 155

section 39C IMCA

paragraph 156

section 39D IMCA

paragraph 157

standard authorisation

paragraph 8

supervisory body (except in Part 9)

paragraph 180, 181 or 182

supervisory body (in Part 9)

paragraph 128 and paragraph 180, 181 or 182

unauthorised deprivation of liberty (in relation to paragraphs 68 to 73)

paragraph 67

urgent authorisation

paragraph 9

variation of conditions ground

paragraph 107