Safeguards
1Deprivation of liberty: authorisation of arrangements enabling care and treatment
1
The Mental Capacity Act 2005 is amended as follows.
2
In section 4A (restriction on deprivation of liberty) for subsection (5) substitute—
5
D 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).
3
After section 4B insert—
4CCarrying out of authorised arrangements giving rise to deprivation of liberty
1
This section applies to an act that a person (“D”) does in carrying out arrangements authorised under Schedule AA1.
2
D does not incur any liability in relation to the act that would not have been incurred if the cared-for person—
a
had had capacity to consent in relation to D doing the act, and
b
had consented to D doing the act.
3
Nothing in this section excludes a person's civil liability for loss or damage, or a person's criminal liability, resulting from that person's negligence in doing the act.
4
Paragraph 31 of Schedule AA1 applies if an authorisation ceases to have effect in certain cases.
5
“Cared-for person” has the meaning given by paragraph 2(1) of that Schedule.
4
Before Schedule 1 insert the Schedule AA1 set out in Schedule 1 to this Act.