|
| |
|
(2) | The supervisory body must select and appoint a person to carry |
| |
out an assessment of whether or not the relevant person is a |
| |
| |
(3) | But the supervisory body need not select and appoint a person to |
| |
carry out such an assessment in either of these cases. |
| 5 |
(4) | The first case is where it appears to the supervisory body that the |
| |
request by the eligible person is frivolous or vexatious. |
| |
(5) | The second case is where it appears to the supervisory body that— |
| |
(a) | the question of whether or not there is an unauthorised |
| |
deprivation of liberty has already been decided, and |
| 10 |
(b) | since that decision, there has been no change of |
| |
circumstances which would merit the question being |
| |
| |
(6) | The supervisory body must not select and appoint a person to |
| |
carry out an assessment under this paragraph unless it appears to |
| 15 |
the supervisory body that the person would be— |
| |
(a) | suitable to carry out a best interests assessment (if one |
| |
were obtained in connection with a request for a standard |
| |
authorisation relating to the relevant person), and |
| |
(b) | eligible to carry out such a best interests assessment. |
| 20 |
(7) | The supervisory body must notify the persons specified in sub- |
| |
| |
(a) | that the supervisory body have been requested to decide |
| |
whether or not there is an unauthorised deprivation of |
| |
| 25 |
(b) | of their decision whether or not to select and appoint a |
| |
person to carry out an assessment under this paragraph; |
| |
(c) | if their decision is to select and appoint a person, of the |
| |
| |
(8) | The persons referred to in sub-paragraph (7) are— |
| 30 |
(a) | the eligible person who made the request under paragraph |
| |
| |
(b) | the managing authority of the relevant hospital or care |
| |
| |
(c) | any section 39A IMCA. |
| 35 |
70 (1) | Regulations may be made about the period within which an |
| |
assessment under paragraph 69 must be carried out. |
| |
(2) | Regulations made under paragraph 129(3) apply in relation to the |
| |
selection and appointment of a person under paragraph 69 as they |
| |
apply to the selection of a person under paragraph 129 to carry out |
| 40 |
a best interests assessment. |
| |
(3) | The following provisions apply to an assessment under paragraph |
| |
69 as they apply to an assessment carried out in connection with a |
| |
request for a standard authorisation— |
| |
(a) | paragraph 131 (examination and copying of records); |
| 45 |
(b) | paragraph 132 (representations); |
| |
|
| |
|
| |
|
(c) | paragraphs 134 and 135(1) and (2) (duty to keep records |
| |
| |
(4) | The copies of the assessment which the supervisory body are |
| |
required to give under paragraph 135(2) must be given as soon as |
| |
practicable after the supervisory body are themselves given a copy |
| 5 |
| |
71 (1) | This paragraph applies if— |
| |
(a) | the supervisory body obtain an assessment under |
| |
| |
(b) | the assessment comes to the conclusion that the relevant |
| 10 |
person is a detained resident, and |
| |
(c) | it appears to the supervisory body that the detention of the |
| |
person is not authorised as mentioned in section 4A. |
| |
(2) | This Schedule (including Part 5) applies as if the managing |
| |
authority of the relevant hospital or care home had, in accordance |
| 15 |
with Part 4, requested the supervisory body to give a standard |
| |
authorisation in relation to the relevant person. |
| |
(3) | The managing authority of the relevant hospital or care home |
| |
must supply the supervisory body with the information (if any) |
| |
which the managing authority would, by virtue of paragraph 31, |
| 20 |
have had to include in a request for a standard authorisation. |
| |
(4) | The supervisory body must notify the persons specified in |
| |
| |
(a) | of the outcome of the assessment obtained under |
| |
| 25 |
(b) | that this Schedule applies as mentioned in sub-paragraph |
| |
| |
72 (1) | This paragraph applies if— |
| |
(a) | the supervisory body obtain an assessment under |
| |
| 30 |
(b) | the assessment comes to the conclusion that the relevant |
| |
person is not a detained resident. |
| |
(2) | The supervisory body must notify the persons specified in |
| |
paragraph 69(8) of the outcome of the assessment. |
| |
73 (1) | This paragraph applies if— |
| 35 |
(a) | the supervisory body obtain an assessment under |
| |
| |
(b) | the assessment comes to the conclusion that the relevant |
| |
person is a detained resident, and |
| |
(c) | it appears to the supervisory body that the detention of the |
| 40 |
person is authorised as mentioned in section 4A. |
| |
(2) | The supervisory body must notify the persons specified in |
| |
| |
(a) | of the outcome of the assessment, and |
| |
(b) | that it appears to the supervisory body that the detention |
| 45 |
| |
|
| |
|
| |
|
| |
| |
Managing authority to give authorisation |
| |
74 | Only the managing authority of the relevant hospital or care home |
| |
may give an urgent authorisation. |
| 5 |
75 | The managing authority may give an urgent authorisation only if |
| |
they are required to do so by paragraph 76 (as read with |
| |
| |
Duty to give authorisation |
| |
76 (1) | The managing authority must give an urgent authorisation in |
| 10 |
either of the following cases. |
| |
(2) | The first case is where— |
| |
(a) | the managing authority are required to make a request |
| |
under paragraph 24 or 25 for a standard authorisation, and |
| |
(b) | they believe that the need for the relevant person to be a |
| 15 |
detained resident is so urgent that it is appropriate for the |
| |
detention to begin before they make the request. |
| |
(3) | The second case is where— |
| |
(a) | the managing authority have made a request under |
| |
paragraph 24 or 25 for a standard authorisation, and |
| 20 |
(b) | they believe that the need for the relevant person to be a |
| |
detained resident is so urgent that it is appropriate for the |
| |
detention to begin before the request is disposed of. |
| |
(4) | References in this paragraph to the detention of the relevant |
| |
person are references to the detention to which paragraph 24 or 25 |
| 25 |
| |
(5) | This paragraph is subject to paragraph 77. |
| |
77 (1) | This paragraph applies where the managing authority have given |
| |
an urgent authorisation (“the original authorisation”) in |
| |
connection with a case where a person is, or is to be, a detained |
| 30 |
resident (“the existing detention”). |
| |
(2) | No new urgent authorisation is to be given under paragraph 76 in |
| |
connection with the existing detention. |
| |
(3) | But the managing authority may request the supervisory body to |
| |
extend the duration of the original authorisation. |
| 35 |
(4) | Only one request under sub-paragraph (3) may be made in |
| |
relation to the original authorisation. |
| |
(5) | Paragraphs 84 to 86 apply to any request made under sub- |
| |
| |
|
| |
|
| |
|
| |
78 (1) | If the managing authority decide to give an urgent authorisation, |
| |
they must decide the period during which the authorisation is to |
| |
| |
(2) | That period must not exceed 7 days. |
| 5 |
| |
79 | An urgent authorisation must be in writing. |
| |
80 | An urgent authorisation must state the following things— |
| |
(a) | the name of the relevant person; |
| |
(b) | the name of the relevant hospital or care home; |
| 10 |
(c) | the period during which the authorisation is to be in force; |
| |
(d) | the purpose for which the authorisation is given. |
| |
81 (1) | If the name of the relevant hospital or care home changes, the |
| |
urgent authorisation is to be read as if it stated the current name of |
| |
the hospital or care home. |
| 15 |
(2) | But sub-paragraph (1) is subject to any provision relating to the |
| |
change of name which is made in any enactment or in any |
| |
instrument made under an enactment. |
| |
Duty to keep records and give copies |
| |
82 (1) | This paragraph applies if an urgent authorisation is given. |
| 20 |
(2) | The managing authority must keep a written record of why they |
| |
have given the urgent authorisation. |
| |
(3) | As soon as practicable after giving the authorisation, the |
| |
managing authority must give a copy of the authorisation to all of |
| |
| 25 |
| |
(b) | any section 39A IMCA. |
| |
Duty to give information about authorisation |
| |
83 (1) | This paragraph applies if an urgent authorisation is given. |
| |
(2) | The managing authority of the relevant hospital or care home |
| 30 |
must take such steps as are practicable to ensure that the relevant |
| |
person understands all of the following— |
| |
(a) | the effect of the authorisation; |
| |
(b) | the right under section 21A to make an application to the |
| |
| 35 |
(3) | Those steps must be taken as soon as is practicable after the |
| |
| |
(4) | Those steps must include the giving of appropriate information |
| |
both orally and in writing. |
| |
|
| |
|
| |
|
Request for extension of duration |
| |
84 (1) | This paragraph applies if the managing authority make a request |
| |
under paragraph 77 for the supervisory body to extend the |
| |
duration of the original authorisation. |
| |
(2) | The managing authority must keep a written record of why they |
| 5 |
| |
(3) | The managing authority must give the relevant person notice that |
| |
they have made the request. |
| |
(4) | The supervisory body may extend the duration of the original |
| |
authorisation if it appears to them that— |
| 10 |
(a) | the managing authority have made the required request |
| |
for a standard authorisation, |
| |
(b) | there are exceptional reasons why it has not yet been |
| |
possible for that request to be disposed of, and |
| |
(c) | it is essential for the existing detention to continue until the |
| 15 |
| |
(5) | The supervisory body must keep a written record that the request |
| |
| |
(6) | In this paragraph and paragraphs 85 and 86— |
| |
(a) | “original authorisation” and “existing detention” have the |
| 20 |
same meaning as in paragraph 77; |
| |
(b) | the required request for a standard authorisation is the |
| |
request that is referred to in paragraph 76(2) or (3). |
| |
85 (1) | This paragraph applies if, under paragraph 84, the supervisory |
| |
body decide to extend the duration of the original authorisation. |
| 25 |
(2) | The supervisory body must decide the period of the extension. |
| |
(3) | That period must not exceed 7 days. |
| |
(4) | The supervisory body must give the managing authority notice |
| |
stating the period of the extension. |
| |
(5) | The managing authority must then vary the original authorisation |
| 30 |
so that it states the extended duration. |
| |
(6) | Paragraphs 82(3) and 83 apply (with the necessary modifications) |
| |
to the variation of the original authorisation as they apply to the |
| |
giving of an urgent authorisation. |
| |
(7) | The supervisory body must keep a written record of— |
| 35 |
(a) | the outcome of the request, and |
| |
(b) | the period of the extension. |
| |
86 (1) | This paragraph applies if, under paragraph 84, the supervisory |
| |
body decide not to extend the duration of the original |
| |
| 40 |
(2) | The supervisory body must give the managing authority notice |
| |
| |
| |
|
| |
|
| |
|
(b) | their reasons for making it. |
| |
(3) | The managing authority must give a copy of that notice to all of |
| |
| |
| |
(b) | any section 39A IMCA. |
| 5 |
(4) | The supervisory body must keep a written record of the outcome |
| |
| |
| |
87 (1) | An urgent authorisation may not be varied except in accordance |
| |
| 10 |
(2) | This paragraph does not affect the powers of the Court of |
| |
Protection or of any other court. |
| |
When an authorisation is in force |
| |
88 | An urgent authorisation comes into force when it is given. |
| |
89 (1) | An urgent authorisation ceases to be in force at the end of the |
| 15 |
period stated in the authorisation in accordance with paragraph |
| |
80(c) (subject to any variation in accordance with paragraph 85). |
| |
(2) | But if the required request is disposed of before the end of that |
| |
period, the urgent authorisation ceases to be in force as follows. |
| |
(3) | If the supervisory body are required by paragraph 50(1) to give the |
| 20 |
requested authorisation, the urgent authorisation ceases to be in |
| |
force when the requested authorisation comes into force. |
| |
(4) | If the supervisory body are prohibited by paragraph 50(2) from |
| |
giving the requested authorisation, the urgent authorisation |
| |
ceases to be in force when the managing authority receive notice |
| 25 |
| |
| |
“required request” means the request referred to in |
| |
| |
“requested authorisation” means the standard authorisation |
| 30 |
to which the required request relates. |
| |
(6) | This paragraph does not affect the powers of the Court of |
| |
Protection or of any other court. |
| |
90 (1) | This paragraph applies if an urgent authorisation ceases to be in |
| |
| 35 |
(2) | The supervisory body must give notice that the authorisation has |
| |
| |
(3) | The supervisory body must give that notice to all of the |
| |
| |
| 40 |
(b) | any section 39A IMCA. |
| |
|
| |
|
| |
|
(4) | The supervisory body must give that notice as soon as practicable |
| |
after the authorisation ceases to be in force. |
| |
| |
Eligibility requirement not met:
|
| |
suspension of standard authorisation |
| 5 |
91 (1) | This Part applies if the following conditions are met. |
| |
(2) | The first condition is that a standard authorisation— |
| |
| |
(b) | has not ceased to be in force. |
| |
(3) | The second condition is that the managing authority of the |
| 10 |
relevant hospital or care home are satisfied that the relevant |
| |
person has ceased to meet the eligibility requirement. |
| |
(4) | But this Part does not apply if the relevant person is ineligible by |
| |
virtue of paragraph 5 of Schedule 1A (in which case see Part 8). |
| |
92 | The managing authority of the relevant hospital or care home |
| 15 |
must give the supervisory body notice that the relevant person has |
| |
ceased to meet the eligibility requirement. |
| |
93 (1) | This paragraph applies if the managing authority give the |
| |
supervisory body notice under paragraph 92. |
| |
(2) | The standard authorisation is suspended from the time when the |
| 20 |
| |
(3) | The supervisory body must give notice that the standard |
| |
authorisation has been suspended to the following persons— |
| |
| |
(b) | the relevant person’s representative; |
| 25 |
(c) | the managing authority of the relevant hospital or care |
| |
| |
94 (1) | This paragraph applies if, whilst the standard authorisation is |
| |
suspended, the managing authority are satisfied that the relevant |
| |
person meets the eligibility requirement again. |
| 30 |
(2) | The managing authority must give the supervisory body notice |
| |
that the relevant person meets the eligibility requirement again. |
| |
95 (1) | This paragraph applies if the managing authority give the |
| |
supervisory body notice under paragraph 94. |
| |
(2) | The standard authorisation ceases to be suspended from the time |
| 35 |
when the notice is given. |
| |
(3) | The supervisory body must give notice that the standard |
| |
authorisation has ceased to be suspended to the following |
| |
| |
| 40 |
(b) | the relevant person’s representative; |
| |
(c) | the managing authority of the relevant hospital or care |
| |
| |
|
| |
|