4ARestriction on deprivation of libertyE+W
(1)This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty.
(2)But that is subject to—
(a)the following provisions of this section, and
(b)section 4B.
(3)D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court.
(4)A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P's personal welfare.
(5)[F1D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty).]
[F1D may deprive P of liberty if, by doing so, D is carrying out arrangements authorised under Schedule AA1 (arrangements enabling the care and treatment of persons who lack capacity).]
Textual Amendments
F1S. 4A(5) substituted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), ss. 1(2), 6(3)