PART 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 6

EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS

Extensions of period of authorisation

Sections 37 and 38: extension reports
39
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—
  1. in the case of an extension under section 37, the initial period;
  2. in the case of an extension under section 38, the current extension period (within the meaning of that section);
- “the reporting period” means—
  1. in the case of an extension under section 37, the last month of the current period;
  2. in the case of an extension under section 38, the last two months of the current period.
S. 39 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)