PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 7RIGHTS OF REVIEW OF AUTHORISATION

Powers of the Tribunal

51Powers of Tribunal in relation to authorisation under Schedule 1

1

Where an application or reference to the Tribunal is made under this Chapter in relation to an authorisation under Schedule 1, the Tribunal must do one of the following—

a

revoke the authorisation;

b

if the authorisation authorises more than one measure (as defined by subsection (4)), vary the authorisation by cancelling any provision of it which authorises a measure;

c

decide to take no action in respect of the authorisation.

2

In the case of an authorisation under paragraph 15 of Schedule 1, the Tribunal—

a

may vary the authorisation only if satisfied that the criteria for authorisation are met in respect of each measure that will remain authorised by the authorisation;

b

may decide as mentioned in subsection (1)(c) only if satisfied that the criteria for authorisation are met in respect of each measure that is authorised by the authorisation.

3

In the case of an interim authorisation under paragraph 20 of Schedule 1, the Tribunal—

a

may vary the authorisation only if satisfied that there is a good prospect of it being established that the criteria for authorisation are met in respect of each measure that will remain authorised by the authorisation;

b

may decide as mentioned in subsection (1)(c) only if satisfied that there is a good prospect of it being established that the criteria for authorisation are met in respect of each measure that is authorised by the authorisation.

4

For the purposes of this section each of the following is a “measure”—

a

the provision to P of treatment specified by the authorisation;

b

the detention of P in a place in circumstances amounting to a deprivation of liberty;

c

a requirement to attend at a particular place at particular times or intervals for the purpose of being given treatment specified by the authorisation;

d

a community residence requirement.

5

In this section “the criteria for authorisation”, in relation to a measure, means the criteria for authorisation for that measure as set out in Part 3 of Schedule 1.

6

In paragraphs 11(a) and 12(a) and (b) of that Schedule as they apply for the purposes of this section, the references to imposing a requirement include continuing the requirement.

52Powers of Tribunal in relation to authorisation under Schedule 2

1

Where an application or reference to the Tribunal is made under this Chapter in relation to an authorisation under Schedule 2, the Tribunal must either—

a

revoke the authorisation; or

b

decide to take no action in respect of the authorisation.

2

The Tribunal may decide as mentioned in subsection (1)(b) only if it is satisfied that the condition in paragraph 12 of Schedule 2 is met.

53Sections 51 and 52: additional powers of Tribunal

1

This section applies where, under section 51 or 52, the Tribunal decides to do anything other than revoke the authorisation.

2

The Tribunal may, with a view to facilitating the ending at a future date of a measure still authorised by the authorisation—

a

recommend the taking of specified actions in relation to P; and

b

further consider P's case in the event of any recommendation not being complied with.

3

Where the Tribunal further considers P's case under subsection (2)(b), section 51 or (as the case may be) section 52 applies.