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 5Urgent authorisations

Duty to give authorisation

76

1

The managing authority must give an urgent authorisation in either of the following cases.

2

The first case is where—

a

the managing authority are required to make a request under paragraph 24 or 25 for a standard authorisation, and

b

they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before they make the request.

3

The second case is where—

a

the managing authority have made a request under paragraph 24 or 25 for a standard authorisation, and

b

they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before the request is disposed of.

4

References in this paragraph to the detention of the relevant person are references to the detention to which paragraph 24 or 25 relates.

5

This paragraph is subject to paragraph 77.

77

1

This paragraph applies where the managing authority have given an urgent authorisation (“the original authorisation”) in connection with a case where a person is, or is to be, a detained resident (“the existing detention”).

2

No new urgent authorisation is to be given under paragraph 76 in connection with the existing detention.

3

But the managing authority may request the supervisory body to extend the duration of the original authorisation.

4

Only one request under sub-paragraph (3) may be made in relation to the original authorisation.

5

Paragraphs 84 to 86 apply to any request made under sub-paragraph (3).