PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC

Community residence requirements

31Meaning of “community residence requirement”

1

In this Part a “community residence requirement”, in relation to a person (“P”), means a requirement imposed on P by an HSC trust for P to live at a particular place, whether or not the requirement also contains provision imposing one or more of the requirements mentioned in subsection (2).

2

Those requirements are—

a

a requirement for P to allow a healthcare professional access to P at a place where P is living;

b

a requirement (or requirements) for P to attend at particular places and times or intervals for the purpose of training, education, occupation or treatment.

3

In subsection (2)(a) “healthcare professional” means a person of a prescribed description.

4

In subsection (2)(b) “treatment” does not include treatment that would or might be treatment with serious consequences (requirements to attend for which are dealt with by section 28).

5

References in this Part to an act done for the purpose of ensuring that P complies with a community residence requirement are to an act done—

a

for the purpose of ensuring that P moves to, continues to live at or resumes living at the place required by the community residence requirement; or

b

for the purpose of ensuring that P complies with a provision of the community residence requirement that requires P to attend a place or allow a person access to P.