Mental Capacity Act 2005

This section has no associated Explanatory Notes

[F1136(1)This paragraph applies to the supervisory body if—E+W

(a)they are given a copy of a best interests assessment, and

(b)the assessment includes, in accordance with paragraph 44(2), a statement that it appears to the assessor that there is an unauthorised deprivation of liberty.

(2)The supervisory body must notify all of the persons listed in sub-paragraph (3) that the assessment includes such a statement.

(3)Those persons are—

(a)the managing authority of the relevant hospital or care home;

(b)the relevant person;

(c)any section 39A IMCA;

(d)any interested person consulted by the best interests assessor.

(4)The supervisory body must comply with this paragraph when (or at some time before) they comply with paragraph 135.]

Textual Amendments

F1Sch. A1 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)