C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

General powers of the court and appointment of deputies

16AF1Section 16 powers: Mental Health Act patients etc

F11

If a person is ineligible to be deprived of liberty by this Act, the court may not include in a welfare order provision which authorises the person to be deprived of his liberty.

2

If—

a

a welfare order includes provision which authorises a person to be deprived of his liberty, and

b

that person becomes ineligible to be deprived of liberty by this Act,

the provision ceases to have effect for as long as the person remains ineligible.

3

Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order.

4

For the purposes of this section—

a

Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;

b

“welfare order” means an order under section 16(2)(a).