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 4Standard authorisations

Authorisation given: request for further authorisation

29

1

This paragraph applies if a standard authorisation—

a

has been given in relation to the detention of the relevant person, and

b

that authorisation (“the existing authorisation”) has not ceased to be in force.

2

Paragraph 24 does not require a new request for a standard authorisation (“the new authorisation”) to be made unless these conditions are met.

3

The first condition is that the new authorisation would be in force at a time immediately after the expiry of the existing authorisation.

4

The second condition is that the new authorisation would not be in force at any time on or before the expiry of the existing authorisation.

5

The third condition is that it would, in the managing authority's view, be unreasonable to delay making the request until a time nearer the expiry of the existing authorisation.

6

The expiry of the existing authorisation is the time when it is expected to cease to be in force.