SCHEDULES

[F1SCHEDULE A1E+WHospital and care home residents: deprivation of liberty

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 )

Part 4 E+WStandard authorisations

Power to request authorisationE+W

30(1)This paragraph applies if—E+W

(a)a standard authorisation has been given in relation to the detention of the relevant person,

(b)that authorisation (“the existing authorisation”) has not ceased to be in force,

(c)the requirement under paragraph 24 to make a request for a new standard authorisation does not apply, because of paragraph 29, and

(d)a review of the existing authorisation has been requested, or is being carried out, in accordance with Part 8.

(2)The managing authority may request a new standard authorisation which would be in force on or before the expiry of the existing authorisation; but only if it would also be in force immediately after that expiry.

(3)The expiry of the existing authorisation is the time when it is expected to cease to be in force.

(4)Further provision relating to cases where a request is made under this paragraph can be found in—

(a)paragraph 62 (effect of decision about request), and

(b)paragraph 124 (effect of request on Part 8 review).]