Mental Capacity Act 2005

[F1Duty to request authorisation: change in place of detentionE+W

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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 )

25(1)The relevant managing authority must request a standard authorisation if it appears to them that these conditions are met.E+W

(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.E+W

(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.]