SCHEDULES
F1SCHEDULE A1Hospital and care home residents: deprivation of liberty
Part 4Standard authorisations
Other authority for detention: request for authorisation
27
1
This paragraph applies if, by virtue of section 4A(3), a decision of the court authorises the relevant person to be a detained resident.
2
Paragraph 24 does not require a request for a standard authorisation to be made in relation to that detention unless these conditions are met.
3
The first condition is that the standard authorisation would be in force at a time immediately after the expiry of the other authority.
4
The second condition is that the standard authorisation would not be in force at any time on or before the expiry of the other authority.
5
The third condition is that it would, in the managing authority's view, be unreasonable to delay making the request until a time nearer the expiry of the other authority.
6
In this paragraph—
a
the other authority is—
i
the decision mentioned in sub-paragraph (1), or
ii
any further decision of the court which, by virtue of section 4A(3), authorises, or is expected to authorise, the relevant person to be a detained resident;
b
the expiry of the other authority is the time when the other authority is expected to cease to authorise the relevant person to be a detained resident.
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 )