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Version Superseded: 16/05/2019
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Mental Capacity Act 2005, Part 2 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
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 )
5E+WThis Part applies for the purposes of this Schedule.
6E+W“Detained resident” means a person detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty.
7E+WIn relation to a person who is, or is to be, a detained resident—
“relevant person” means the person in question;
“relevant hospital or care home” means the hospital or care home in question;
“relevant care or treatment” means the care or treatment in question.
8E+W“Standard authorisation” means an authorisation given under Part 4.
9E+W“Urgent authorisation” means an authorisation given under Part 5.
10E+W“Authorisation under this Schedule” means either of the following—
(a)a standard authorisation;
(b)an urgent authorisation.
11(1)The purpose of a standard authorisation is the purpose which is stated in the authorisation in accordance with paragraph 55(1)(d).E+W
(2)The purpose of an urgent authorisation is the purpose which is stated in the authorisation in accordance with paragraph 80(d).]
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