Powers of the court in relation to Schedule A1

21APowers of court in relation to Schedule A1

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.