Part 1

Persons who lack capacity

Powers of the court in relation to Schedule A1

Powers of court in relation to Schedule A1
21A
1
This section applies if either of the following has been given under Schedule A1—
a
a standard authorisation;
b
an urgent authorisation.
2
Where a standard authorisation has been given, the court may determine any question relating to any of the following matters—
a
whether the relevant person meets one or more of the qualifying requirements;
b
the period during which the standard authorisation is to be in force;
c
the purpose for which the standard authorisation is given;
d
the conditions subject to which the standard authorisation is given.
3
If the court determines any question under subsection (2), the court may make an order—
a
varying or terminating the standard authorisation, or
b
directing the supervisory body to vary or terminate the standard authorisation.
4
Where an urgent authorisation has been given, the court may determine any question relating to any of the following matters—
a
whether the urgent authorisation should have been given;
b
the period during which the urgent authorisation is to be in force;
c
the purpose for which the urgent authorisation is given.
5
Where the court determines any question under subsection (4), the court may make an order—
a
varying or terminating the urgent authorisation, or
b
directing the managing authority of the relevant hospital or care home to vary or terminate the urgent authorisation.
6
Where the court makes an order under subsection (3) or (5), the court may make an order about a person's liability for any act done in connection with the standard or urgent authorisation before its variation or termination.
7
An order under subsection (6) may, in particular, exclude a person from liability.
S. 21A and preceding cross-heading inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 2; S.I. 2009/139, art. 2(e) (with art. 3)
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)