SCHEDULESF1F1
F2SCHEDULE 1APersons ineligible to be deprived of liberty by this Act
Part 2Interpretation
Authorised course of action, relevant care or treatment & relevant instrument
15
1
This paragraph applies where the question whether a person is ineligible to be deprived of liberty by this Act is relevant to either of these decisions—
a
whether or not to include particular provision (“the proposed provision”) in an order under section 16(2)(a);
b
whether or not to give a standard authorisation under Schedule A1.
2
A reference in this Schedule to the authorised course of action or the relevant care or treatment is to be read as a reference to that thing as it would be if—
a
the proposed provision were included in the order, or
b
the standard authorisation were given.
3
A reference in this Schedule to the relevant instrument is to be read as follows—
a
where the relevant instrument is an order under section 16(2)(a): as a reference to the order as it would be if the proposed provision were included in it;
b
where the relevant instrument is a standard authorisation: as a reference to the standard authorisation as it would be if it were given.
Sch. 1A inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 8 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(d) (with art. 3)