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

Power to request authorisation

30

1

This paragraph applies if—

a

a standard authorisation has been given in relation to the detention of the relevant person,

b

that authorisation (“the existing authorisation”) has not ceased to be in force,

c

the requirement under paragraph 24 to make a request for a new standard authorisation does not apply, because of paragraph 29, and

d

a review of the existing authorisation has been requested, or is being carried out, in accordance with Part 8.

2

The managing authority may request a new standard authorisation which would be in force on or before the expiry of the existing authorisation; but only if it would also be in force immediately after that expiry.

3

The expiry of the existing authorisation is the time when it is expected to cease to be in force.

4

Further provision relating to cases where a request is made under this paragraph can be found in—

a

paragraph 62 (effect of decision about request), and

b

paragraph 124 (effect of request on Part 8 review).