|
| |
|
| |
121 | A supervisory body must keep a written record of the following |
| |
| |
(a) | each request for a review that is made to them; |
| |
(b) | the outcome of each request; |
| 5 |
(c) | each review which they carry out; |
| |
(d) | the outcome of each review which they carry out; |
| |
(e) | any variation of an authorisation made in consequence of |
| |
| |
Relationship between review and suspension under Part 6 |
| 10 |
122 (1) | This paragraph applies if a standard authorisation is suspended in |
| |
| |
(2) | No review may be requested under this Part whilst the standard |
| |
authorisation is suspended. |
| |
(3) | If a review has already been requested, or is being carried out, |
| 15 |
when the standard authorisation is suspended, no steps are to be |
| |
taken in connection with that review whilst the authorisation is |
| |
| |
Relationship between review and request for new authorisation |
| |
123 (1) | This paragraph applies if, in accordance with paragraph 24 (as |
| 20 |
read with paragraph 29), the managing authority of the relevant |
| |
hospital or care home make a request for a new standard |
| |
authorisation which would be in force after the expiry of the |
| |
| |
(2) | No review may be requested under this Part until the request for |
| 25 |
the new standard authorisation has been disposed of. |
| |
(3) | If a review has already been requested, or is being carried out, |
| |
when the new standard authorisation is requested, no steps are to |
| |
be taken in connection with that review until the request for the |
| |
new standard authorisation has been disposed of. |
| 30 |
124 (1) | This paragraph applies if— |
| |
(a) | a review under this Part has been requested, or is being |
| |
| |
(b) | the managing authority of the relevant hospital or care |
| |
home make a request under paragraph 30 for a new |
| 35 |
standard authorisation which would be in force on or |
| |
before, and after, the expiry of the existing authorisation. |
| |
(2) | No steps are to be taken in connection with the review under this |
| |
Part until the request for the new standard authorisation has been |
| |
| 40 |
125 | In paragraphs 123 and 124— |
| |
(a) | the existing authorisation is the authorisation referred to in |
| |
| |
|
| |
|
| |
|
(b) | the expiry of the existing authorisation is the time when it |
| |
is expected to cease to be in force. |
| |
| |
Assessments under this Schedule |
| |
| 5 |
126 | This Part contains provision about assessments under this |
| |
| |
127 | An assessment under this Schedule is either of the following— |
| |
(a) | an assessment carried out in connection with a request for |
| |
a standard authorisation under Part 4; |
| 10 |
(b) | a review assessment carried out in connection with a |
| |
review of a standard authorisation under Part 8. |
| |
128 | In this Part, in relation to an assessment under this Schedule— |
| |
“assessor” means the person carrying out the assessment; |
| |
“relevant procedure” means— |
| 15 |
(a) | the request for the standard authorisation, or |
| |
(b) | the review of the standard authorisation; |
| |
“supervisory body” means the supervisory body responsible |
| |
for securing that the assessment is carried out. |
| |
Supervisory body to select assessor |
| 20 |
129 (1) | It is for the supervisory body to select a person to carry out an |
| |
assessment under this Schedule. |
| |
(2) | The supervisory body must not select a person to carry out an |
| |
assessment unless the person— |
| |
(a) | appears to the supervisory body to be suitable to carry out |
| 25 |
the assessment (having regard, in particular, to the type of |
| |
assessment and the person to be assessed), and |
| |
(b) | is eligible to carry out the assessment. |
| |
(3) | Regulations may make provision about the selection, and |
| |
eligibility, of persons to carry out assessments under this |
| 30 |
| |
(4) | Sub-paragraphs (5) and (6) apply if two or more assessments are |
| |
to be obtained for the purposes of the relevant procedure. |
| |
(5) | In a case where the assessments to be obtained include a mental |
| |
health assessment and a best interests assessment, the supervisory |
| 35 |
body must not select the same person to carry out both |
| |
| |
(6) | Except as prohibited by sub-paragraph (5), the supervisory body |
| |
may select the same person to carry out any number of the |
| |
assessments which the person appears to be suitable, and is |
| 40 |
| |
130 (1) | This paragraph applies to regulations under paragraph 129(3). |
| |
|
| |
|
| |
|
(2) | The regulations may make provision relating to a person’s— |
| |
| |
| |
| |
| 5 |
(e) | relationship to, or connection with, the relevant person or |
| |
| |
(f) | involvement in the care or treatment of the relevant |
| |
| |
(g) | connection with the supervisory body, or |
| 10 |
(h) | connection with the relevant hospital or care home, or with |
| |
any other establishment or undertaking. |
| |
(3) | The provision that the regulations may make in relation to a |
| |
person’s training may provide for particular training to be |
| |
specified by the appropriate authority otherwise than in the |
| 15 |
| |
(4) | In sub-paragraph (3) the “appropriate authority” means— |
| |
(a) | in relation to England: the Secretary of State; |
| |
(b) | in relation to Wales: the National Assembly for Wales. |
| |
(5) | The regulations may make provision requiring a person to be |
| 20 |
insured in respect of liabilities that may arise in connection with |
| |
the carrying out of an assessment. |
| |
(6) | In relation to cases where two or more assessments are to be |
| |
obtained for the purposes of the relevant procedure, the |
| |
regulations may limit the number, kind or combination of |
| 25 |
assessments which a particular person is eligible to carry out. |
| |
(7) | Sub-paragraphs (2) to (6) do not limit the generality of the |
| |
provision that may be made in the regulations. |
| |
Examination and copying of records |
| |
131 | An assessor may, at all reasonable times, examine and take copies |
| 30 |
| |
| |
(b) | any record of, or held by, a local authority and compiled in |
| |
accordance with a social services function, and |
| |
(c) | any record held by a person registered under Part 2 of the |
| 35 |
| |
| which the assessor considers may be relevant to the assessment |
| |
which is being carried out. |
| |
| |
132 | In carrying out an assessment under this Schedule, the assessor |
| 40 |
must take into account any information given, or submissions |
| |
made, by any of the following— |
| |
(a) | the relevant person’s representative; |
| |
(b) | any section 39A IMCA; |
| |
(c) | any section 39C IMCA. |
| 45 |
|
| |
|
| |
|
Assessments to stop if any comes to negative conclusion |
| |
133 (1) | This paragraph applies if an assessment under this Schedule |
| |
comes to the conclusion that the relevant person does not meet one |
| |
of the qualifying requirements. |
| |
(2) | This Schedule does not require the supervisory body to secure that |
| 5 |
any other assessments under this Schedule are carried out in |
| |
relation to the relevant procedure. |
| |
(3) | The supervisory body must give notice to any assessor who is |
| |
carrying out another assessment in connection with the relevant |
| |
procedure that they are to cease carrying out that assessment. |
| 10 |
(4) | If an assessor receives such notice, this Schedule does not require |
| |
the assessor to continue carrying out that assessment. |
| |
Duty to keep records and give copies |
| |
134 (1) | This paragraph applies if an assessor has carried out an |
| |
assessment under this Schedule (whatever conclusions the |
| 15 |
| |
(2) | The assessor must keep a written record of the assessment. |
| |
(3) | As soon as practicable after carrying out the assessment, the |
| |
assessor must give copies of the assessment to the supervisory |
| |
| 20 |
135 (1) | This paragraph applies to the supervisory body if they are given a |
| |
copy of an assessment under this Schedule. |
| |
(2) | The supervisory body must give copies of the assessment to all of |
| |
| |
(a) | the managing authority of the relevant hospital or care |
| 25 |
| |
| |
(c) | any section 39A IMCA; |
| |
(d) | the relevant person’s representative. |
| |
| 30 |
(a) | the assessment is obtained in relation to a request for a |
| |
standard authorisation, and |
| |
(b) | the supervisory body are required by paragraph 50(1) to |
| |
give the standard authorisation, |
| |
| the supervisory body must give the copies of the assessment when |
| 35 |
they give copies of the authorisation in accordance with |
| |
| |
| |
(a) | the assessment is obtained in relation to a request for a |
| |
standard authorisation, and |
| 40 |
(b) | the supervisory body are prohibited by paragraph 50(2) |
| |
from giving the standard authorisation, |
| |
| the supervisory body must give the copies of the assessment when |
| |
they give notice in accordance with paragraph 58. |
| |
|
| |
|
| |
|
(5) | If the assessment is obtained in connection with the review of a |
| |
standard authorisation, the supervisory body must give the copies |
| |
of the assessment when they give notice in accordance with |
| |
| |
136 (1) | This paragraph applies to the supervisory body if— |
| 5 |
(a) | they are given a copy of a best interests assessment, and |
| |
(b) | the assessment includes, in accordance with paragraph |
| |
44(2), a statement that it appears to the assessor that there |
| |
is an unauthorised deprivation of liberty. |
| |
(2) | The supervisory body must notify all of the persons listed in sub- |
| 10 |
paragraph (3) that the assessment includes such a statement. |
| |
| |
(a) | the managing authority of the relevant hospital or care |
| |
| |
| 15 |
(c) | any section 39A IMCA; |
| |
(d) | any interested person consulted by the best interests |
| |
| |
(4) | The supervisory body must comply with this paragraph when (or |
| |
at some time before) they comply with paragraph 135. |
| 20 |
| |
Relevant person’s representative |
| |
| |
137 | In this Schedule the relevant person’s representative is the person |
| |
appointed as such in accordance with this Part. |
| 25 |
138 (1) | Regulations may make provision about the selection and |
| |
appointment of representatives. |
| |
(2) | In this Part such regulations are referred to as “appointment |
| |
| |
Supervisory body to appoint representative |
| 30 |
139 (1) | The supervisory body must appoint a person to be the relevant |
| |
person’s representative as soon as practicable after a standard |
| |
| |
(2) | The supervisory body must appoint a person to be the relevant |
| |
person’s representative if a vacancy arises whilst a standard |
| 35 |
authorisation is in force. |
| |
(3) | Where a vacancy arises, the appointment under sub-paragraph (2) |
| |
is to be made as soon as practicable after the supervisory body |
| |
becomes aware of the vacancy. |
| |
140 (1) | The selection of a person for appointment under paragraph 139 |
| 40 |
must not be made unless it appears to the person making the |
| |
|
| |
|
| |
|
selection that the prospective representative would, if |
| |
| |
(a) | maintain contact with the relevant person, |
| |
(b) | represent the relevant person in matters relating to or |
| |
connected with this Schedule, and |
| 5 |
(c) | support the relevant person in matters relating to or |
| |
connected with this Schedule. |
| |
141 (1) | Any appointment of a representative for a relevant person is in |
| |
addition to, and does not affect, any appointment of a donee or |
| |
| 10 |
(2) | The functions of any representative are in addition to, and do not |
| |
| |
(a) | the authority of any donee, |
| |
(b) | the powers of any deputy, or |
| |
(c) | any powers of the court. |
| 15 |
| |
142 | Appointment regulations may provide that the procedure for |
| |
appointing a representative may begin at any time after a request |
| |
for a standard authorisation is made (including a time before the |
| |
request has been disposed of). |
| 20 |
143 (1) | Appointment regulations may make provision about who is to |
| |
select a person for appointment as a representative. |
| |
(2) | But regulations under this paragraph may only provide for the |
| |
following to make a selection— |
| |
(a) | the relevant person, if he has capacity in relation to the |
| 25 |
question of which person should be his representative; |
| |
(b) | a donee of a lasting power of attorney granted by the |
| |
relevant person, if it is within the scope of his authority to |
| |
| |
(c) | a deputy, if it is within the scope of his authority to select a |
| 30 |
| |
(d) | a best interests assessor; |
| |
(e) | the supervisory body. |
| |
(3) | Regulations under this paragraph may provide that a selection by |
| |
the relevant person, a donee or a deputy is subject to approval by |
| 35 |
a best interests assessor or the supervisory body. |
| |
(4) | Regulations under this paragraph may provide that, if more than |
| |
one selection is necessary in connection with the appointment of a |
| |
particular representative— |
| |
(a) | the same person may make more than one selection; |
| 40 |
(b) | different persons may make different selections. |
| |
(5) | For the purposes of this paragraph a best interests assessor is a |
| |
person carrying out a best interests assessment in connection with |
| |
the standard authorisation in question (including the giving of |
| |
| 45 |
|
| |
|
| |
|
144 (1) | Appointment regulations may make provision about who may, or |
| |
| |
(a) | selected for appointment as a representative, or |
| |
(b) | appointed as a representative. |
| |
(2) | Regulations under this paragraph may relate to any of the |
| 5 |
| |
| |
(b) | a person’s suitability; |
| |
(c) | a person’s independence; |
| |
(d) | a person’s willingness; |
| 10 |
(e) | a person’s qualifications. |
| |
145 | Appointment regulations may make provision about the |
| |
formalities of appointing a person as a representative. |
| |
146 | In a case where a best interests assessor is to select a person to be |
| |
appointed as a representative, appointment regulations may |
| 15 |
provide for the variation of the assessor’s duties in relation to the |
| |
assessment which he is carrying out. |
| |
Monitoring of representatives |
| |
147 | Regulations may make provision requiring the managing |
| |
authority of the relevant hospital or care home to— |
| 20 |
| |
(b) | report to the supervisory body on, |
| |
| the extent to which a representative is maintaining contact with |
| |
| |
| 25 |
148 | Regulations may make provision about the circumstances in |
| |
which the appointment of a person as the relevant person’s |
| |
representative ends or may be ended. |
| |
149 | Regulations may make provision about the formalities of ending |
| |
the appointment of a person as a representative. |
| 30 |
Suspension of representative’s functions |
| |
150 (1) | Regulations may make provision about the circumstances in |
| |
which functions exercisable by, or in relation to, the relevant |
| |
person’s representative (whether under this Schedule or not) may |
| |
| 35 |
| |
(b) | if suspended, revived. |
| |
(2) | The regulations may make provision about the formalities for |
| |
giving effect to the suspension or revival of a function. |
| |
(3) | The regulations may make provision about the effect of the |
| 40 |
suspension or revival of a function. |
| |
|
| |
|