12(1)Section 47 of the National Assistance Act 1948 (removal to suitable premises of persons in need of care and attention) is amended as follows.E+W+N.I.
(2)After subsection (1) insert—
“(1A)But this section does not apply to a person (“P”) in either of the following cases.
(1B)The first case is where an order of the Court of Protection authorises the managing authority of a hospital or care home (within the meaning of Schedule A1 to the Mental Capacity Act 2005) to provide P with proper care and attention.
(1C)The second case is where—
(a)an authorisation under Schedule A1 to the Mental Capacity Act 2005 is in force, or
(b)the managing authority of a hospital or care home are under a duty under paragraph 24 of that Schedule to request a standard authorisation, and
P is, or would be, the relevant person in relation to the authorisation.”
(3)This paragraph does not extend to Scotland.