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

CHAPTER 6EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS

Extensions of period of authorisation

Sections 37 and 38: extension reports39

(1)

This section applies for the purposes of this Chapter.

(2)

An “extension report”, in relation to an authorisation in respect of a person (“P”), is a report in the prescribed form which—

(a)

is made, within the reporting period, by an appropriate medical practitioner who has examined P within the reporting period and made the report as soon as practicable after that examination;

(b)

specifies the authorised measure (or, if more than one, each authorised measure) that is proposed to be continued after the end of the current period;

(c)

states that in the appropriate medical practitioner's opinion the criteria for continuation (see section 41) are met in respect of each specified measure;

(d)

includes a statement in the prescribed form, by the responsible person (see section 42), that in that person's opinion the criteria for continuation are met in respect of each specified measure; and

(e)

includes any prescribed information.

(3)

If—

(a)

the report specifies a measure within section 41(2)(b) or (d) (deprivation of liberty or community residence requirement), and

(b)

the appropriate medical practitioner is of the opinion that P lacks (or probably lacks) capacity in relation to whether an application under section 45 (applications to Tribunal) should be made in respect of the authorisation,

the report must contain a statement of that opinion.

(4)

In this section—

“appropriate medical practitioner” means a medical practitioner who is unconnected with P and is permitted by regulations under section 300 to make the report;

“authorised measure” and “measure” have the meaning given by section 41;

“the current period” means—

(a)

in the case of an extension under section 37, the initial period;

(b)

in the case of an extension under section 38, the current extension period (within the meaning of that section);

“the reporting period” means—

(a)

in the case of an extension under section 37, the last month of the current period;

(b)

in the case of an extension under section 38, the last two months of the current period.