SCHEDULES
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 4Standard authorisations
Duty to request authorisation: basic cases
24
1
The managing authority must request a standard authorisation in any of the following cases.
2
The first case is where it appears to the managing authority that the relevant person—
a
is not yet accommodated in the relevant hospital or care home,
b
is likely — at some time within the next 28 days — to be a detained resident in the relevant hospital or care home, and
c
is likely—
i
at that time, or
ii
at some later time within the next 28 days,
to meet all of the qualifying requirements.
3
The second case is where it appears to the managing authority that the relevant person—
a
is already accommodated in the relevant hospital or care home,
b
is likely — at some time within the next 28 days — to be a detained resident in the relevant hospital or care home, and
c
is likely—
i
at that time, or
ii
at some later time within the next 28 days,
to meet all of the qualifying requirements.
4
The third case is where it appears to the managing authority that the relevant person—
a
is a detained resident in the relevant hospital or care home, and
b
meets all of the qualifying requirements, or is likely to do so at some time within the next 28 days.
5
This paragraph is subject to paragraphs 27 to 29.
Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )