SCHEDULES

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )

Part 9Assessments under this Schedule

Duty to keep records and give copies

136

1

This paragraph applies to the supervisory body if—

a

they are given a copy of a best interests assessment, and

b

the assessment includes, in accordance with paragraph 44(2), a statement that it appears to the assessor that there is an unauthorised deprivation of liberty.

2

The supervisory body must notify all of the persons listed in sub-paragraph (3) that the assessment includes such a statement.

3

Those persons are—

a

the managing authority of the relevant hospital or care home;

b

the relevant person;

c

any section 39A IMCA;

d

any interested person consulted by the best interests assessor.

4

The supervisory body must comply with this paragraph when (or at some time before) they comply with paragraph 135.