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)
12(1)These are the qualifying requirements referred to in this Schedule—E+W
(a)the age requirement;
(b)the mental health requirement;
(c)the mental capacity requirement;
(d)the best interests requirement;
(e)the eligibility requirement;
(f)the no refusals requirement.
(2)Any question of whether a person who is, or is to be, a detained resident meets the qualifying requirements is to be determined in accordance with this Part.
(3)In a case where—
(a)the question of whether a person meets a particular qualifying requirement arises in relation to the giving of a standard authorisation, and
(b)any circumstances relevant to determining that question are expected to change between the time when the determination is made and the time when the authorisation is expected to come into force,
those circumstances are to be taken into account as they are expected to be at the later time.]