SCHEDULES
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 5Urgent authorisations
Duty to give authorisation
76
1
The managing authority must give an urgent authorisation in either of the following cases.
2
The first case is where—
a
the managing authority are required to make a request under paragraph 24 or 25 for a standard authorisation, and
b
they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before they make the request.
3
The second case is where—
a
the managing authority have made a request under paragraph 24 or 25 for a standard authorisation, and
b
they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before the request is disposed of.
4
References in this paragraph to the detention of the relevant person are references to the detention to which paragraph 24 or 25 relates.
5
This paragraph is subject to paragraph 77.
77
1
This paragraph applies where the managing authority have given an urgent authorisation (“the original authorisation”) in connection with a case where a person is, or is to be, a detained resident (“the existing detention”).
2
No new urgent authorisation is to be given under paragraph 76 in connection with the existing detention.
3
But the managing authority may request the supervisory body to extend the duration of the original authorisation.
4
Only one request under sub-paragraph (3) may be made in relation to the original authorisation.
5
Paragraphs 84 to 86 apply to any request made under sub-paragraph (3).
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 )