Textual Amendments

F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )

SCHEDULESF1F1

[F1SCHEDULE A1E+WHospital and care home residents: deprivation of liberty

Part 4 E+WStandard authorisations

Supervisory body to give authorisationE+W

21E+WOnly the supervisory body may give a standard authorisation.

22E+WThe supervisory body may not give a standard authorisation unless—

(a)the managing authority of the relevant hospital or care home have requested it, or

(b)paragraph 71 applies (right of third party to require consideration of whether authorisation needed).

23E+WThe managing authority may not make a request for a standard authorisation unless—

(a)they are required to do so by paragraph 24 (as read with paragraphs 27 to 29),

(b)they are required to do so by paragraph 25 (as read with paragraph 28), or

(c)they are permitted to do so by paragraph 30.]