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Prospective

PART 2 N.I.LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 4N.I.ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC

Deprivation of libertyN.I.

Taking person to a place for deprivation of libertyN.I.

26—(1) This section applies where—

(a)the act mentioned in section 9(1) is, or is done in the course of, taking P to a place; and

(b)although taking P to that place does not itself involve a deprivation of liberty, it is done in order that P can be detained in circumstances amounting to a deprivation of liberty at that place.

(2) Section 9(2) (protection from liability) applies to the act only if—

(a)the detention that is to be carried out is authorised; and

(b)the prevention of serious harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.

(3) Subsection (2)(a) does not apply where the situation is an emergency (see section 65).

(4) In this section “authorised” and “the prevention of serious harm condition” have the same meaning as in section 25(3) and (5), but for this purpose references there to “the act” are to be read as the act mentioned in subsection (1)(a) of this section.