SCHEDULES

F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment

Annotations:
Amendments (Textual)
F1

Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 2Authorisation of arrangements

22Determination that arrangements are necessary and proportionate

1

The determination required by this paragraph is a determination by a person, who meets requirements prescribed by regulations made by the appropriate authority, made on an assessment by that person that the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person.

2

When making a determination under this paragraph regard must be had (amongst other matters) to the cared-for person’s wishes and feelings in relation to the arrangements.

3

If the arrangements are care home arrangements and authorisation is being determined under paragraph 19, a determination may not be made by a person who has a connection, of a kind prescribed by regulations, with a care home.

4

Regulations made by the appropriate authority under sub-paragraph (3) may make provision about a connection of any kind (financial or otherwise).

5

The “appropriate authority” means—

a

where the determination is in relation to an authorisation by an English responsible body, the Secretary of State, and

b

where the determination is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers.