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 5Urgent authorisations

Request for extension of duration

84

1

This paragraph applies if the managing authority make a request under paragraph 77 for the supervisory body to extend the duration of the original authorisation.

2

The managing authority must keep a written record of why they have made the request.

3

The managing authority must give the relevant person notice that they have made the request.

4

The supervisory body may extend the duration of the original authorisation if it appears to them that—

a

the managing authority have made the required request for a standard authorisation,

b

there are exceptional reasons why it has not yet been possible for that request to be disposed of, and

c

it is essential for the existing detention to continue until the request is disposed of.

5

The supervisory body must keep a written record that the request has been made to them.

6

In this paragraph and paragraphs 85 and 86—

a

original authorisation” and “existing detention” have the same meaning as in paragraph 77;

b

the required request for a standard authorisation is the request that is referred to in paragraph 76(2) or (3).

85

1

This paragraph applies if, under paragraph 84, the supervisory body decide to extend the duration of the original authorisation.

2

The supervisory body must decide the period of the extension.

3

That period must not exceed 7 days.

4

The supervisory body must give the managing authority notice stating the period of the extension.

5

The managing authority must then vary the original authorisation so that it states the extended duration.

6

Paragraphs 82(3) and 83 apply (with the necessary modifications) to the variation of the original authorisation as they apply to the giving of an urgent authorisation.

7

The supervisory body must keep a written record of—

a

the outcome of the request, and

b

the period of the extension.

86

1

This paragraph applies if, under paragraph 84, the supervisory body decide not to extend the duration of the original authorisation.

2

The supervisory body must give the managing authority notice stating—

a

the decision, and

b

their reasons for making it.

3

The managing authority must give a copy of that notice to all of the following—

a

the relevant person;

b

any section 39A IMCA.

4

The supervisory body must keep a written record of the outcome of the request.