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Mental Capacity Act 2005
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Mental Capacity Act 2005, Section 39B is up to date with all changes known to be in force on or before 15 November 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
39BSection 39A: supplementary provisionE+W
This section has no associated Explanatory Notes
[F1(1)This section applies for the purposes of section 39A.
(2)P becomes subject to Schedule A1 in any of the following cases.
(3)The first case is where an urgent authorisation is given in relation to P under paragraph 76(2) of Schedule A1 (urgent authorisation given before request made for standard authorisation).
(4)The second case is where the following conditions are met.
(5)The first condition is that a request is made under Schedule A1 for a standard authorisation to be given in relation to P (“the requested authorisation”).
(6)The second condition is that no urgent authorisation was given under paragraph 76(2) of Schedule A1 before that request was made.
(7)The third condition is that the requested authorisation will not be in force on or before, or immediately after, the expiry of an existing standard authorisation.
(8)The expiry of a standard authorisation is the date when the authorisation is expected to cease to be in force.
(9)The third case is where, under paragraph 69 of Schedule A1, the supervisory body select a person to carry out an assessment of whether or not the relevant person is a detained resident.]
Textual Amendments
F1Ss. 39A-39E omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 7
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