Part 1

Persons who lack capacity

Independent mental capacity advocate service

Section 39A: supplementary provision
39B
1
This section applies for the purposes of section 39A.
2
P becomes subject to Schedule A1 in any of the following cases.
3
The first case is where an urgent authorisation is given in relation to P under paragraph 76(2) of Schedule A1 (urgent authorisation given before request made for standard authorisation).
4
The second case is where the following conditions are met.
5
The first condition is that a request is made under Schedule A1 for a standard authorisation to be given in relation to P (“the requested authorisation”).
6
The second condition is that no urgent authorisation was given under paragraph 76(2) of Schedule A1 before that request was made.
7
The third condition is that the requested authorisation will not be in force on or before, or immediately after, the expiry of an existing standard authorisation.
8
The expiry of a standard authorisation is the date when the authorisation is expected to cease to be in force.
9
The third case is where, under paragraph 69 of Schedule A1, the supervisory body select a person to carry out an assessment of whether or not the relevant person is a detained resident.
Ss. 39A-39E inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 6; 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)