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

Duty to request authorisation: change in place of detention

25

1

The relevant managing authority must request a standard authorisation if it appears to them that these conditions are met.

2

The first condition is that a standard authorisation—

a

has been given, and

b

has not ceased to be in force.

3

The second condition is that there is, or is to be, a change in the place of detention.

4

This paragraph is subject to paragraph 28.

26

1

This paragraph applies for the purposes of paragraph 25.

2

There is a change in the place of detention if the relevant person—

a

ceases to be a detained resident in the stated hospital or care home, and

b

becomes a detained resident in a different hospital or care home (“the new hospital or care home”).

3

The stated hospital or care home is the hospital or care home to which the standard authorisation relates.

4

The relevant managing authority are the managing authority of the new hospital or care home.