Mental Capacity Act 2005 (c. 9)

SCHEDULES

SCHEDULE A1 E+W [F1 Hospital and care home residents: deprivation of liberty]

Textual Amendments

F1 Sch. 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)

[F1 Part 4 E+W Standard authorisations

Duty to request authorisation: change in place of detention E+W

25 (1) The relevant managing authority must request a standard authorisation if it appears to them that these conditions are met. E+W

(2) The first condition is that a standard authorisation—

(a) has been given, and

(b) has not ceased to be in force.

(3) The second condition is that there is, or is to be, a change in the place of detention.

(4) This paragraph is subject to paragraph 28.

26 (1) This paragraph applies for the purposes of paragraph 25. E+W

(2) There is a change in the place of detention if the relevant person—

(a) ceases to be a detained resident in the stated hospital or care home, and

(b) becomes a detained resident in a different hospital or care home (“the new hospital or care home”).

(3) The stated hospital or care home is the hospital or care home to which the standard authorisation relates.

(4) The relevant managing authority are the managing authority of the new hospital or care home.]