C1Part 1Persons who lack capacity
Annotations:
Modifications etc. (not altering text)
General powers of the court and appointment of deputies
16AF1Section 16 powers: Mental Health Act patients etc
F11
If a person is ineligible to be deprived of liberty by this Act, the court may not include in a welfare order provision which authorises the person to be deprived of his liberty.
2
If—
a
a welfare order includes provision which authorises a person to be deprived of his liberty, and
b
that person becomes ineligible to be deprived of liberty by this Act,
the provision ceases to have effect for as long as the person remains ineligible.
3
Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order.
4
For the purposes of this section—
a
Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;
b
“welfare order” means an order under section 16(2)(a).
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)