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 8Standard authorisations: review

Non-qualification ground

105

1

Any of the following qualifying requirements is reviewable on the ground that the relevant person does not meet the requirement—

a

the age requirement;

b

the mental health requirement;

c

the mental capacity requirement;

d

the best interests requirement;

e

the no refusals requirement.

2

The eligibility requirement is reviewable on the ground that the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A.

3

The ground in sub-paragraph (1) and the ground in sub-paragraph (2) are referred to as the non-qualification ground.