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.