C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Independent mental capacity advocate service

39BSection 39A: supplementary provision

F11

This section applies for the purposes of section 39A.

2

P becomes subject to Schedule A1 in any of the following cases.

3

The first case is where an urgent authorisation is given in relation to P under paragraph 76(2) of Schedule A1 (urgent authorisation given before request made for standard authorisation).

4

The second case is where the following conditions are met.

5

The first condition is that a request is made under Schedule A1 for a standard authorisation to be given in relation to P (“the requested authorisation”).

6

The second condition is that no urgent authorisation was given under paragraph 76(2) of Schedule A1 before that request was made.

7

The third condition is that the requested authorisation will not be in force on or before, or immediately after, the expiry of an existing standard authorisation.

8

The expiry of a standard authorisation is the date when the authorisation is expected to cease to be in force.

9

The third case is where, under paragraph 69 of Schedule A1, the supervisory body select a person to carry out an assessment of whether or not the relevant person is a detained resident.