Mental Capacity Act 2005

[F1Authorisation given: request for further authorisationE+W

Textual Amendments

F1Sch. 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)

29(1)This paragraph applies if a standard authorisation—E+W

(a)has been given in relation to the detention of the relevant person, and

(b)that authorisation (“the existing authorisation”) has not ceased to be in force.

(2)Paragraph 24 does not require a new request for a standard authorisation (“the new authorisation”) to be made unless these conditions are met.

(3)The first condition is that the new authorisation would be in force at a time immediately after the expiry of the existing authorisation.

(4)The second condition is that the new authorisation would not be in force at any time on or before the expiry of the existing authorisation.

(5)The third condition is that it would, in the managing authority's view, be unreasonable to delay making the request until a time nearer the expiry of the existing authorisation.

(6)The expiry of the existing authorisation is the time when it is expected to cease to be in force.]