SCHEDULES

SCHEDULE 3Extension by panel of period of authorisation

Time limit for panel's decision, and duty to notify decision

9

(1)

The panel must comply with paragraph 8(1) as soon as practicable and in any case no later than the end of the permitted period.

(2)

The “permitted period” is the period of F17 working days F128 working days beginning with the day on which the application is received by the trust (or, if that day is not a working day, beginning with the first working day after that).

(3)

As soon as practicable after granting or refusing an extension under paragraph 8, the panel must give to P and any prescribed person—

(a)

written notice of the grant or refusal; and

(b)

any prescribed information.

(4)

Regulations under sub-paragraph (3) must ensure that the Attorney General is given notice in any case where—

(a)

the panel extends the period of an authorisation;

(b)

the authorisation authorises a measure within section 41(2)(b) or (d) (deprivation of liberty or community residence requirement), and will do so after the end of the current period; and

(c)

the application under this Schedule contained the statement mentioned in paragraph 4(2) (statement that P lacks, or probably lacks, capacity in relation to making of Tribunal application).