[F115(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—E+W
(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.]
Textual Amendments
F1Sch. 1A omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)