SCHEDULES
SCHEDULE 9Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005
Part 2Amendments to other Acts
National Assistance Act 1948 (c. 29)
12
1
Section 47 of the National Assistance Act 1948 (removal to suitable premises of persons in need of care and attention) is amended as follows.
2
After subsection (1) insert—
1A
But this section does not apply to a person (“P”) in either of the following cases.
1B
The first case is where an order of the Court of Protection authorises the managing authority of a hospital or care home (within the meaning of Schedule A1 to the Mental Capacity Act 2005) to provide P with proper care and attention.
1C
The second case is where—
a
an authorisation under Schedule A1 to the Mental Capacity Act 2005 is in force, or
b
the managing authority of a hospital or care home are under a duty under paragraph 24 of that Schedule to request a standard authorisation, and
P is, or would be, the relevant person in relation to the authorisation.
3
This paragraph does not extend to Scotland.