SCHEDULES

SCHEDULE A1E+W[F1Hospital and care home residents: deprivation of liberty]

Textual Amendments

F1Sch. 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 3E+WThe qualifying requirements

The best interests requirementE+W

16(1)The relevant person meets the best interests requirement if all of the following conditions are met.E+W

(2)The first condition is that the relevant person is, or is to be, a detained resident.

(3)The second condition is that it is in the best interests of the relevant person for him to be a detained resident.

(4)The third condition is that, in order to prevent harm to the relevant person, it is necessary for him to be a detained resident.

(5)The fourth condition is that it is a proportionate response to—

(a)the likelihood of the relevant person suffering harm, and

(b)the seriousness of that harm,

for him to be a detained resident.]