PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
Community residence requirements
30Community residence requirements: authorisation etc
1
This section applies where the act mentioned in section 9(1) is—
a
the imposition on P of a community residence requirement (see section 31); or
b
an act done for the purpose of ensuring that P complies with a community residence requirement.
2
Section 9(2) (protection from liability) applies to the act only if—
a
the community residence requirement is authorised; and
b
the prevention of harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.
3
For the purposes of subsection (2)(a) the community residence requirement is “authorised” if, at the time the act is done, there is in force an authorisation granted under Schedule 1 which permits that community residence requirement to be imposed.
4
The prevention of harm condition is that at the time the act is done D reasonably believes—
a
that failure to do the act would create a risk of harm to P; and
b
that the act is a proportionate response to—
i
the likelihood of harm to P; and
ii
the seriousness of the harm concerned.