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The Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009

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PART 5Request for a standard authorisation

Information to be provided in a request for a standard authorisation

13.—(1) A request for a standard authorisation must include the following information—

(a)the name of the relevant person and the address at which that person is currently residing;

(b)the name, address and telephone number of the managing authority;

(c)the reasons why the managing authority consider that the relevant person is being or will be detained in circumstances which amount to a deprivation of liberty;

(d)the reasons why the managing authority consider that the relevant person satisfies the qualifying requirements under paragraph 12 of Schedule A1 of the Act;

(e)details of any urgent authorisation given in accordance with paragraph 76 of Schedule A1 to the Act;

(2) Subject to paragraph (3), a request for a standard authorisation must include the following information if available or can reasonably be obtained—

(a)any information or documents in support of the reasons given in paragraphs (1)(d);

(b)the name, address and telephone number of any person who has an interest in the welfare of the relevant person;

(c)details of any relevant valid and applicable advance decision made by the relevant person.

(3) Where—

(a)there is an existing standard authorisation in force in relation to the detention of the relevant person, and

(b)the managing authority makes a request in accordance with paragraph 29 of Schedule A1 to the Act for a further standard authorisation in relation to the same relevant person,

the request does not have to include any of the information mentioned in paragraph (2) if that information remains the same as stated in the request for the existing standard authorisation.

(4) In this regulation “existing standard authorisation” (“awdurdodiad safonol presennol”) has the same meaning as in paragraph 29 of Schedule A1 to the Act.

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