Part 1Persons who lack capacity

Preliminary

4AF1Restriction on deprivation of liberty

1

This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty.

2

But that is subject to—

a

the following provisions of this section, and

b

section 4B.

3

D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court.

4

A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P's personal welfare.

5

D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty).