Mental Capacity Act 2005

[F116ASection 16 powers: Mental Health Act patients etcE+W

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(1)If a person is ineligible to be deprived of liberty by this Act, the court may not include in a welfare order provision which authorises the person to be deprived of his liberty.


(a)a welfare order includes provision which authorises a person to be deprived of his liberty, and

(b)that person becomes ineligible to be deprived of liberty by this Act,

the provision ceases to have effect for as long as the person remains ineligible.

(3)Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order.

(4)For the purposes of this section—

(a)Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;

(b)welfare order” means an order under section 16(2)(a).]

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