PART 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 7

RIGHTS OF REVIEW OF AUTHORISATION

References to the Tribunal

Duty of HSC trust to refer case to Tribunal
48
1
Where—
a
on any date (“the extension date”), the period of an authorisation under Schedule 1 is extended under section 38 or Schedule 3,
b
the authorisation has been in force throughout the relevant period (see subsection (2)), and
c
the Tribunal has not considered the person's case at any time in that period,
the relevant trust must as soon as practicable refer the person's case to the Tribunal.
2
The “relevant period” is—
a
if the person to whom the authorisation relates (“the person”) is under 18, the period of one year ending with the extension date;
b
otherwise, the period of two years ending with the extension date.
3
For the purpose of providing information for the purposes of a reference under this section, any medical practitioner authorised by or on behalf of the person may do anything within section 275 (visiting etc powers) in relation to the person.
4
In this section—
- “the person's case” means the question whether the authorisation is appropriate;
- “the relevant trust” means—
  1. where the extension is wholly or partly for the purposes of continuing the person's detention in a place, the HSC trust in whose area that place is situated;
  2. where the extension is wholly or partly for the purposes of continuing the provision to the person of treatment specified by the authorisation or a requirement to attend for such treatment and paragraph (a) does not apply, the HSC trust in whose area the treatment is provided;
  3. where the extension is for the purposes of continuing a community residence requirement and paragraph (b) does not apply, the HSC trust in whose area the place where the person is required by the community residence requirement to live is situated.
5
The Department may by regulations amend subsection (2) so as to alter any period mentioned there.
S. 48 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)