[F1Duty to request authorisation: basic casesE+W
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)
24(1)The managing authority must request a standard authorisation in any of the following cases.E+W
(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.]