SCHEDULESF1F1

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Part 4Standard authorisations

Best interests assessment

42

1

The assessor must state in the assessment the maximum authorisation period.

2

The maximum authorisation period is the shorter of these periods—

a

the period which, in the assessor's opinion, would be the appropriate maximum period for the relevant person to be a detained resident under the standard authorisation that has been requested;

b

1 year, or such shorter period as may be prescribed in regulations.

3

Regulations under sub-paragraph (2)(b)—

a

need not provide for a shorter period to apply in relation to all standard authorisations;

b

may provide for different periods to apply in relation to different kinds of standard authorisations.

4

Before making regulations under sub-paragraph (2)(b) the Secretary of State must consult all of the following—

a

each body required by regulations under paragraph 162 to monitor and report on the operation of this Schedule in relation to England;

b

such other persons as the Secretary of State considers it appropriate to consult.

5

Before making regulations under sub-paragraph (2)(b) the National Assembly for Wales must consult all of the following—

a

each person or body directed under paragraph 163(2) to carry out any function of the Assembly of monitoring and reporting on the operation of this Schedule in relation to Wales;

b

such other persons as the Assembly considers it appropriate to consult.