PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 6EXTENSION OF PERIOD OF CERTAIN AUTHORISATIONS
Supplementary provisions about extension
43Extension reports: further provision
1
This section contains further provision about extension reports.
2
For the purposes of section 39 an extension report is made when the completed report is signed by the medical practitioner making it.
3
See also sections 54 and 55 (involvement of nominated person and independent mental capacity advocate).
4
A medical practitioner who makes an extension report must give it to the relevant trust as soon as practicable.
5
Where an extension report is given to the relevant trust, that trust must as soon as practicable—
a
give prescribed information to P and any prescribed person; and
b
give RQIA a copy of the report.
6
Regulations under subsection (5) must ensure that the Attorney General is given notice in any case where the report contains the statement mentioned in section 39(3) (statement that P lacks, or probably lacks, capacity in relation to making of Tribunal application).
7
In this section “the relevant trust” means—
a
where the extension made by the report is wholly or partly for the purposes of continuing P’s detention in a place, the HSC trust in whose area that place is situated;
b
where the extension made by the report is wholly or partly for the purposes of continuing the provision to P of treatment specified by the authorisation or a requirement to attend for such treatment, and paragraph (a) does not apply, the HSC trust in whose area the treatment is provided;
c
where the extension made by the report is for the purposes of continuing a community residence requirement and paragraph (b) does not apply, the HSC trust in whose area the place where P is required by the community residence requirement to live is situated.