The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation, commencement and application

   2. 2. Interpretation

3. PART 2 Eligibility to carry out assessments

   1. 3. Eligibility – general

   2. 4. Eligibility to carry out a mental health assessment

   3. 5. Eligibility to carry out a best interests assessment

   4. 6. Eligibility to carry out a mental capacity assessment

   5. 7. Eligibility to carry out an eligibility assessment

   6. 8. Eligibility to carry out an age assessment

   7. 9. Eligibility to carry out a no refusals assessment

4. PART 3 Selection of Assessors

   1. 10. Selection of assessors – relatives

   2. 11. Selection of assessors – financial interest

   3. 12. Selection of best interests assessors

5. PART 4 Assessments

   1. 13. Time frame for assessments

   2. 14. Time limit for carrying out an assessment to decide whether or not there is an unauthorised deprivation of liberty

   3. 15. Relevant eligibility information

6. PART 5 Requests for a standard authorisation

   1. 16. Information to be provided in a request for a standard authorisation

7. PART 6 Supervisory bodies: care homes

   1. Disputes about the Place of Ordinary Residence

      1. 17. Application and Interpretation of Part 6

      2. 18. Arrangements where there is a question as to the ordinary residence

      3. 19. Effect of change in supervisory body following determination of any question about ordinary residence

8. Signature

9. Explanatory Note