SCHEDULES

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )

Part 8Standard authorisations: review

One or more reviewable qualifying requirements

111

1

This paragraph applies if one or more qualifying requirements appear to be reviewable.

2

The supervisory body must secure that a separate review assessment is carried out in relation to each qualifying requirement which appears to be reviewable.

3

But sub-paragraph (2) does not require the supervisory body to secure that a best interests review assessment is carried out in a case where the best interests requirement appears to the supervisory body to be non-assessable.

4

The best interests requirement is non-assessable if—

a

the requirement is reviewable only on the variation of conditions ground, and

b

the change in the relevant person's case is not significant.

5

In making any decision whether the change in the relevant person's case is significant, regard must be had to—

a

the nature of the change, and

b

the period that the change is likely to last for.