SCHEDULES

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

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 )

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.