Mental Capacity Act 2005

[F1When an authorisation is in forceE+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)

88E+WAn urgent authorisation comes into force when it is given.

89(1)An urgent authorisation ceases to be in force at the end of the period stated in the authorisation in accordance with paragraph 80(c) (subject to any variation in accordance with paragraph 85).E+W

(2)But if the required request is disposed of before the end of that period, the urgent authorisation ceases to be in force as follows.

(3)If the supervisory body are required by paragraph 50(1) to give the requested authorisation, the urgent authorisation ceases to be in force when the requested authorisation comes into force.

(4)If the supervisory body are prohibited by paragraph 50(2) from giving the requested authorisation, the urgent authorisation ceases to be in force when the managing authority receive notice under paragraph 58.

(5)In this paragraph—

  • required request” means the request referred to in paragraph 76(2) or (3);

  • requested authorisation” means the standard authorisation to which the required request relates.

(6)This paragraph does not affect the powers of the Court of Protection or of any other court.

90(1)This paragraph applies if an urgent authorisation ceases to be in force.E+W

(2)The supervisory body must give notice that the authorisation has ceased to be in force.

(3)The supervisory body must give that notice to all of the following—

(a)the relevant person;

(b)any section 39A IMCA.

(4)The supervisory body must give that notice as soon as practicable after the authorisation ceases to be in force.]