Mental Capacity Act (Northern Ireland) 2016

Applications for extension

2.—(1) An application under this Schedule may be made where—

(a) an authorisation in respect of a person (“P”) has been granted (and has not been revoked);

(b) the period of the authorisation has not ended;

(c) it has been proposed that the period of the authorisation should be extended under section 37 or 38; and

(d) an extension under that section is not possible, because the person who is the responsible person for the purposes of section 39 is not of the opinion that the criteria for continuation are met in relation to each authorised measure that is proposed to be continued after the end of the current period.

(2) An application under this Schedule is an application to the relevant trust for an extension of the period of the authorisation.

(3) In this Schedule “the relevant trust” means—

(a) where the proposed extension would be wholly or partly for the purposes of continuing P’s detention in a place, the HSC trust in whose area that place is situated;

(b) where the proposed extension would be wholly or partly for the purposes of continuing the provision to P of treatment specified by the authorisation or a requirement to attend for such treatment, and head (a) does not apply, the HSC trust in whose area the treatment is provided;

(c) where the proposed extension would be for the purposes of continuing a community residence requirement and head (b) does not apply, the HSC trust in whose area the place where P is required by the community residence requirement to live is situated.