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Mental Capacity Act 2005

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Rights to information etcU.K.

This section has no associated Explanatory Notes

[F114(1)The following must publish information about authorisation of arrangements under this Schedule—

(a)the hospital manager of each NHS hospital;

(b)each clinical commissioning group;

(c)each Local Health Board;

(d)each local authority.

(2)The information must include information on the following matters in particular—

(a)the effect of an authorisation;

(b)the process for authorising arrangements, including making or carrying out—

(i)assessments and determinations required under paragraphs 21 and 22;

(ii)consultation under paragraph 23;

(iii)a pre-authorisation review (see paragraphs 24 to 26);

(c)the circumstances in which an independent mental capacity advocate should be appointed under paragraph 42 or 43;

(d)the role of a person within paragraph 42(5) (an “appropriate person”) in relation to a cared-for person and the effect of there being an appropriate person;

(e)the circumstances in which a pre-authorisation review is to be carried out by an Approved Mental Capacity Professional under paragraph 24;

(f)the right to make an application to the court to exercise its jurisdiction under section 21ZA;

(g)reviews under paragraph 38, including—

(i)when a review will be carried out;

(ii)the rights to request a review;

(iii)the circumstances in which a referral may or will be made to an Approved Mental Capacity Professional.

(3)The information must be accessible to, and appropriate to the needs of, cared-for persons and appropriate persons.]

Textual Amendments

F1Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

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