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Mental Health Bill [HL]


Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

101

 

      (4)  

The supervisory body must give notice under this paragraph as

soon as practicable after they are given notice under paragraph 94.

96    (1)  

This paragraph applies if no notice is given under paragraph 94

before the end of the relevant 28 day period.

      (2)  

The standard authorisation ceases to have effect at the end of the

5

relevant 28 day period.

      (3)  

The relevant 28 day period is the period of 28 days beginning with

the day on which the standard authorisation is suspended under

paragraph 93.

97         

The effect of suspending the standard authorisation is that Part 1

10

ceases to apply for as long as the authorisation is suspended.

Part 7

Standard authorisations:

change in supervisory responsibility

Application of this Part

15

98    (1)  

This Part applies if these conditions are met.

      (2)  

The first condition is that a standard authorisation—

(a)   

has been given, and

(b)   

has not ceased to be in force.

      (3)  

The second condition is that there is a change in supervisory

20

responsibility.

      (4)  

The third condition is that there is not a change in the place of

detention (within the meaning of paragraph 25).

99         

For the purposes of this Part there is a change in supervisory

responsibility if—

25

(a)   

one body (“the old supervisory body”) have ceased to be

supervisory body in relation to the standard authorisation,

and

(b)   

a different body (“the new supervisory body”) have

become supervisory body in relation to the standard

30

authorisation.

Effect of change in supervisory responsibility

100   (1)  

The new supervisory body becomes the supervisory body in

relation to the authorisation.

      (2)  

Anything done by or in relation to the old supervisory body in

35

connection with the authorisation has effect, so far as is necessary

for continuing its effect after the change, as if done by or in relation

to the new supervisory body.

      (3)  

Anything which relates to the authorisation and which is in the

process of being done by or in relation to the old supervisory body

40

at the time of the change may be continued by or in relation to the

new supervisory body.

 

 

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

102

 

      (4)  

But—

(a)   

the old supervisory body do not, by virtue of this

paragraph, cease to be liable for anything done by them in

connection with the authorisation before the change; and

(b)   

the new supervisory body do not, by virtue of this

5

paragraph, become liable for any such thing.

Part 8

Standard authorisations: review

Application of this Part

101   (1)  

This Part applies if a standard authorisation—

10

(a)   

has been given, and

(b)   

has not ceased to be in force.

      (2)  

Paragraphs 102 to 122 are subject to paragraphs 123 to 125.

Review by supervisory body

102   (1)  

The supervisory body may at any time carry out a review of the

15

standard authorisation in accordance with this Part.

      (2)  

The supervisory body must carry out such a review if they are

requested to do so by an eligible person.

      (3)  

Each of the following is an eligible person—

(a)   

the relevant person;

20

(b)   

the relevant person’s representative;

(c)   

the managing authority of the relevant hospital or care

home.

Request for review

103   (1)  

An eligible person may, at any time, request the supervisory body

25

to carry out a review of the standard authorisation in accordance

with this Part.

      (2)  

The managing authority of the relevant hospital or care home

must make such a request if one or more of the qualifying

requirements appear to them to be reviewable.

30

Grounds for review

104   (1)  

Paragraphs 105 to 107 set out the grounds on which the qualifying

requirements are reviewable.

      (2)  

A qualifying requirement is not reviewable on any other ground.

Non-qualification ground

35

105   (1)  

Any of the following qualifying requirements is reviewable on the

ground that the relevant person does not meet the requirement—

(a)   

the age requirement;

 

 

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

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(b)   

the mental health requirement;

(c)   

the mental capacity requirement;

(d)   

the best interests requirement;

(e)   

the no refusals requirement.

      (2)  

The eligibility requirement is reviewable on the ground that the

5

relevant person is ineligible by virtue of paragraph 5 of Schedule

1A.

      (3)  

The ground in sub-paragraph (1) and the ground in sub-

paragraph (2) are referred to as the non-qualification ground.

Change of reason ground

10

106   (1)  

Any of the following qualifying requirements is reviewable on the

ground set out in sub-paragraph (2)—

(a)   

the mental health requirement;

(b)   

the mental capacity requirement;

(c)   

the best interests requirement;

15

(d)   

the eligibility requirement;

(e)   

the no refusals requirement.

      (2)  

The ground is that the reason why the relevant person meets the

requirement is not the reason stated in the standard authorisation.

      (3)  

This ground is referred to as the change of reason ground.

20

Variation of conditions ground

107   (1)  

The best interests requirement is reviewable on the ground that—

(a)   

there has been a change in the relevant person’s case, and

(b)   

because of that change, it would be appropriate to vary the

conditions to which the standard authorisation is subject.

25

      (2)  

This ground is referred to as the variation of conditions ground.

      (3)  

A reference to varying the conditions to which the standard

authorisation is subject is a reference to—

(a)   

amendment of an existing condition,

(b)   

omission of an existing condition, or

30

(c)   

inclusion of a new condition (whether or not there are

already any existing conditions).

Notice that review to be carried out

108   (1)  

If the supervisory body are to carry out a review of the standard

authorisation, they must give notice of the review to the following

35

persons—

(a)   

the relevant person;

(b)   

the relevant person’s representative;

(c)   

the managing authority of the relevant hospital or care

home.

40

      (2)  

The supervisory body must give the notice—

(a)   

before they begin the review, or

 

 

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

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(b)   

if that is not practicable, as soon as practicable after they

have begun it.

      (3)  

This paragraph does not require the supervisory body to give

notice to any person who has requested the review.

Starting a review

5

109        

To start a review of the standard authorisation, the supervisory

body must decide which, if any, of the qualifying requirements

appear to be reviewable.

No reviewable qualifying requirements

110   (1)  

This paragraph applies if no qualifying requirements appear to be

10

reviewable.

      (2)  

This Part does not require the supervisory body to take any action

in respect of the standard authorisation.

One or more reviewable qualifying requirements

111   (1)  

This paragraph applies if one or more qualifying requirements

15

appear to be reviewable.

      (2)  

The supervisory body must secure that a separate review

assessment is carried out in relation to each qualifying

requirement which appears to be reviewable.

      (3)  

But sub-paragraph (2) does not require the supervisory body to

20

secure that a best interests review assessment is carried out in a

case where the best interests requirement appears to the

supervisory body to be non-assessable.

      (4)  

The best interests requirement is non-assessable if—

(a)   

the requirement is reviewable only on the variation of

25

conditions ground, and

(b)   

the change in the relevant person’s case is not significant.

      (5)  

In making any decision whether the change in the relevant

person’s case is significant, regard must be had to—

(a)   

the nature of the change, and

30

(b)   

the period that the change is likely to last for.

Review assessments

112   (1)  

A review assessment is an assessment of whether the relevant

person meets a qualifying requirement.

      (2)  

In relation to a review assessment—

35

(a)   

a negative conclusion is a conclusion that the relevant

person does not meet the qualifying requirement to which

the assessment relates;

(b)   

a positive conclusion is a conclusion that the relevant

person meets the qualifying requirement to which the

40

assessment relates.

 

 

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

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      (3)  

An age review assessment is a review assessment carried out in

relation to the age requirement.

      (4)  

A mental health review assessment is a review assessment carried

out in relation to the mental health requirement.

      (5)  

A mental capacity review assessment is a review assessment

5

carried out in relation to the mental capacity requirement.

      (6)  

A best interests review assessment is a review assessment carried

out in relation to the best interests requirement.

      (7)  

An eligibility review assessment is a review assessment carried

out in relation to the eligibility requirement.

10

      (8)  

A no refusals review assessment is a review assessment carried

out in relation to the no refusals requirement.

113   (1)  

In carrying out a review assessment, the assessor must comply

with any duties which would be imposed upon him under Part 4

if the assessment were being carried out in connection with a

15

request for a standard authorisation.

      (2)  

But in the case of a best interests review assessment, paragraphs

43 and 44 do not apply.

      (3)  

Instead of what is required by paragraph 43, the best interests

review assessment must include recommendations about whether

20

— and, if so, how — it would be appropriate to vary the conditions

to which the standard authorisation is subject.

Best interests requirement reviewable but non-assessable

114   (1)  

This paragraph applies in a case where—

(a)   

the best interests requirement appears to be reviewable,

25

but

(b)   

in accordance with paragraph 111(3), the supervisory body

are not required to secure that a best interests review

assessment is carried out.

      (2)  

The supervisory body may vary the conditions to which the

30

standard authorisation is subject in such ways (if any) as the

supervisory body think are appropriate in the circumstances.

Best interests review assessment positive

115   (1)  

This paragraph applies in a case where—

(a)   

a best interests review assessment is carried out, and

35

(b)   

the assessment comes to a positive conclusion.

      (2)  

The supervisory body must decide the following questions—

(a)   

whether or not the best interests requirement is reviewable

on the change of reason ground;

(b)   

whether or not the best interests requirement is reviewable

40

on the variation of conditions ground;

(c)   

if so, whether or not the change in the person’s case is

significant.

 

 

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

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      (3)  

If the supervisory body decide that the best interests requirement

is reviewable on the change of reason ground, they must vary the

standard authorisation so that it states the reason why the relevant

person now meets that requirement.

      (4)  

If the supervisory body decide that—

5

(a)   

the best interests requirement is reviewable on the

variation of conditions ground, and

(b)   

the change in the relevant person’s case is not significant,

           

they may vary the conditions to which the standard authorisation

is subject in such ways (if any) as they think are appropriate in the

10

circumstances.

      (5)  

If the supervisory body decide that—

(a)   

the best interests requirement is reviewable on the

variation of conditions ground, and

(b)   

the change in the relevant person’s case is significant,

15

           

they must vary the conditions to which the standard authorisation

is subject in such ways as they think are appropriate in the

circumstances.

      (6)  

If the supervisory body decide that the best interests requirement

is not reviewable on—

20

(a)   

the change of reason ground, or

(b)   

the variation of conditions ground,

           

this Part does not require the supervisory body to take any action

in respect of the standard authorisation so far as the best interests

requirement relates to it.

25

Mental health, mental capacity, eligibility or no refusals review assessment positive

116   (1)  

This paragraph applies if the following conditions are met.

      (2)  

The first condition is that one or more of the following are carried

out—

(a)   

a mental health review assessment;

30

(b)   

a mental capacity review assessment;

(c)   

an eligibility review assessment;

(d)   

a no refusals review assessment.

      (3)  

The second condition is that each assessment carried out comes to

a positive conclusion.

35

      (4)  

The supervisory body must decide whether or not each of the

assessed qualifying requirements is reviewable on the change of

reason ground.

      (5)  

If the supervisory body decide that any of the assessed qualifying

requirements is reviewable on the change of reason ground, they

40

must vary the standard authorisation so that it states the reason

why the relevant person now meets the requirement or

requirements in question.

      (6)  

If the supervisory body decide that none of the assessed qualifying

requirements are reviewable on the change of reason ground, this

45

Part does not require the supervisory body to take any action in

 

 

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1

107

 

respect of the standard authorisation so far as those requirements

relate to it.

      (7)  

An assessed qualifying requirement is a qualifying requirement in

relation to which a review assessment is carried out.

One or more review assessments negative

5

117   (1)  

This paragraph applies if one or more of the review assessments

carried out comes to a negative conclusion.

      (2)  

The supervisory body must terminate the standard authorisation

with immediate effect.

Completion of a review

10

118   (1)  

The review of the standard authorisation is complete in any of the

following cases.

      (2)  

The first case is where paragraph 110 applies.

      (3)  

The second case is where—

(a)   

paragraph 111 applies, and

15

(b)   

paragraph 117 requires the supervisory body to terminate

the standard authorisation.

      (4)  

In such a case, the supervisory body need not comply with any of

the other provisions of paragraphs 114 to 116 which would be

applicable to the review (were it not for this sub-paragraph).

20

      (5)  

The third case is where—

(a)   

paragraph 111 applies,

(b)   

paragraph 117 does not require the supervisory body to

terminate the standard authorisation, and

(c)   

the supervisory body comply with all of the provisions of

25

paragraphs 114 to 116 (so far as they are applicable to the

review).

Variations under this Part

119        

Any variation of the standard authorisation made under this Part

must be in writing.

30

Notice of outcome of review

120   (1)  

When the review of the standard authorisation is complete, the

supervisory body must give notice to all of the following—

(a)   

the managing authority of the relevant hospital or care

home;

35

(b)   

the relevant person;

(c)   

the relevant person’s representative.

      (2)  

That notice must state—

(a)   

the outcome of the review, and

(b)   

what variation (if any) has been made to the authorisation

40

under this Part.

 

 

 
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