C1Part 1Persons who lack capacity
F1Powers of the court in relation to Schedule AA1
S. 21ZA and cross-heading inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), ss. 3, 6(3)
21ZAPowers of court in relation to Schedule AA1
1
This section applies where an authorisation under Schedule AA1—
a
has effect, or
b
is to have effect from a date specified under paragraph 28 of that Schedule.
2
The court may determine any question relating to—
a
whether Schedule AA1 applies to the arrangements, or whether the authorisation conditions are met;
b
what period the authorisation has effect for;
c
what the authorisation relates to.
3
If the court determines a question under subsection (2), the court may make an order—
a
varying or terminating the authorisation;
b
directing the responsible body to vary the authorisation.
4
Where the court makes an order under subsection (3) the court may make an order about a person’s liability for anything done in carrying out the arrangements before the variation or termination.
5
An order under subsection (4) may, in particular, exclude a person from liability.
6
“Authorisation conditions” has the meaning given by paragraph 13 of Schedule AA1.
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)