Mental Capacity Act 2005 (c. 9)

Textual Amendments

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 )

SCHEDULESF1 F1

[F1 SCHEDULE A1 E+W Hospital and care home residents: deprivation of liberty

Part 2 E+W Interpretation: main terms

Introduction E+W

5 E+W This Part applies for the purposes of this Schedule.

Detained resident E+W

6 E+W “Detained resident” means a person detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty.

Relevant person etc E+W

7 E+W In relation to a person who is, or is to be, a detained resident—

• “relevant person” means the person in question;

• “relevant hospital or care home” means the hospital or care home in question;

• “relevant care or treatment” means the care or treatment in question.

Authorisations E+W

8 E+W “Standard authorisation” means an authorisation given under Part 4.

9 E+W “Urgent authorisation” means an authorisation given under Part 5.

10 E+W “Authorisation under this Schedule” means either of the following—

(a) a standard authorisation;

(b) an urgent authorisation.

11 (1) The purpose of a standard authorisation is the purpose which is stated in the authorisation in accordance with paragraph 55(1)(d). E+W

(2) The purpose of an urgent authorisation is the purpose which is stated in the authorisation in accordance with paragraph 80(d).]