Office of Public Sector Information
SCHEDULE 7 continued
(7) It does not matter whether the existing assessment was carried out in connection with a request for a standard authorisation or for some other purpose.
(8) If, because of this paragraph, the supervisory body are not required by paragraph 33 to secure that the required assessment is carried out, the existing assessment is to be treated for the purposes of this Schedule—
(a) as an assessment of the same kind as the required assessment, and
(b) as having been carried out under paragraph 33 in connection with the request for the standard authorisation.
50 (1) The supervisory body must give a standard authorisation if—
(a) all assessments are positive, and
(b) the supervisory body have written copies of all those assessments.
(2) The supervisory body must not give a standard authorisation except in accordance with sub-paragraph (1).
(3) All assessments are positive if each assessment carried out under paragraph 33 has come to the conclusion that the relevant person meets the qualifying requirement to which the assessment relates.
51 (1) If the supervisory body are required to give a standard authorisation, they must decide the period during which the authorisation is to be in force.
(2) That period must not exceed the maximum authorisation period stated in the best interests assessment.
52 A standard authorisation may provide for the authorisation to come into force at a time after it is given.
53 (1) A standard authorisation may be given subject to conditions.
(2) Before deciding whether to give the authorisation subject to conditions, the supervisory body must have regard to any recommendations in the best interests assessment about such conditions.
(3) The managing authority of the relevant hospital or care home must ensure that any conditions are complied with.
54 A standard authorisation must be in writing.
55 (1) A standard authorisation must state the following things—
(a) the name of the relevant person;
(b) the name of the relevant hospital or care home;
(c) the period during which the authorisation is to be in force;
(d) the purpose for which the authorisation is given;
(e) any conditions subject to which the authorisation is given;
(f) the reason why each qualifying requirement is met.
(2) The statement of the reason why the eligibility requirement is met must be framed by reference to the cases in the table in paragraph 2 of Schedule 1A.
56 (1) If the name of the relevant hospital or care home changes, the standard authorisation is to be read as if it stated the current name of the hospital or care home.
(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.
57 (1) This paragraph applies if—
(a) a request is made for a standard authorisation, and
(b) the supervisory body are required by paragraph 50(1) to give the standard authorisation.
(2) The supervisory body must give a copy of the authorisation to each of the following—
(a) the relevant person’s representative;
(b) the managing authority of the relevant hospital or care home;
(c) the relevant person;
(d) any section 39A IMCA;
(e) every interested person consulted by the best interests assessor.
(3) The supervisory body must comply with this paragraph as soon as practicable after they give the standard authorisation.
58 (1) This paragraph applies if—
(a) a request is made for a standard authorisation, and
(b) the supervisory body are prohibited by paragraph 50(2) from giving the standard authorisation.
(2) The supervisory body must give notice, stating that they are prohibited from giving the authorisation, to each of the following—
(a) the managing authority of the relevant hospital or care home;
(b) the relevant person;
(c) any section 39A IMCA;
(d) every interested person consulted by the best interests assessor.
(3) The supervisory body must comply with this paragraph as soon as practicable after it becomes apparent to them that they are prohibited from giving the authorisation.
59 (1) This paragraph applies if a standard authorisation is given.
(2) The managing authority of the relevant hospital or care home 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 to make an application to the court to exercise its jurisdiction under section 21A;
(c) the right under Part 8 to request a review;
(d) the right to have a section 39D IMCA appointed;
(e) how to have a section 39D IMCA appointed.
(3) Those steps must be taken as soon as is practicable after the authorisation is given.
(4) Those steps must include the giving of appropriate information both orally and in writing.
(5) Any written information given to the relevant person must also be given by the managing authority to the relevant person’s representative.
(6) They must give the information to the representative as soon as is practicable after it is given to the relevant person.
(7) Sub-paragraph (8) applies if the managing authority is notified that a section 39D IMCA has been appointed.
(8) As soon as is practicable after being notified, the managing authority must give the section 39D IMCA a copy of the written information given in accordance with sub-paragraph (4).
60 A supervisory body must keep a written record of all of the following information—
(a) the standard authorisations that they have given;
(b) the requests for standard authorisations in response to which they have not given an authorisation;
(c) in relation to each standard authorisation given: the matters stated in the authorisation in accordance with paragraph 55.
61 (1) A standard authorisation may not be varied except in accordance with Part 7 or 8.
(2) This paragraph does not affect the powers of the Court of Protection or of any other court.
62 (1) This paragraph applies where the managing authority request a new standard authorisation under either of the following—
(a) paragraph 25 (change in place of detention);
(b) paragraph 30 (existing authorisation subject to review).
(2) If the supervisory body are required by paragraph 50(1) to give the new authorisation, the existing authorisation terminates at the time when the new authorisation comes into force.
(3) If the supervisory body are prohibited by paragraph 50(2) from giving the new authorisation, there is no effect on the existing authorisation’s continuation in force.
63 (1) A standard authorisation comes into force when it is given.
(2) But if the authorisation provides for it to come into force at a later time, it comes into force at that time.
64 (1) A standard authorisation ceases to be in force at the end of the period stated in the authorisation in accordance with paragraph 55(1)(c).
(2) But if the authorisation terminates before then in accordance with paragraph 62(2) or any other provision of this Schedule, it ceases to be in force when the termination takes effect.
(3) This paragraph does not affect the powers of the Court of Protection or of any other court.
65 (1) This paragraph applies if a standard authorisation ceases to be in force.
(2) The supervisory body must give notice that the authorisation has ceased to be in force.
(3) The supervisory body must give that notice to all of the following—
(a) the managing authority of the relevant hospital or care home;
(b) the relevant person;
(c) the relevant person’s representative;
(d) every interested person consulted by the best interests assessor.
(4) The supervisory body must give that notice as soon as practicable after the authorisation ceases to be in force.
66 A request for a standard authorisation is to be regarded for the purposes of this Schedule as disposed of if the supervisory body have given—
(a) a copy of the authorisation in accordance with paragraph 57, or
(b) notice in accordance with paragraph 58.
67 For the purposes of paragraphs 68 to 73 there is an unauthorised deprivation of liberty if—
(a) a person is already a detained resident in a hospital or care home, and
(b) the detention of the person is not authorised as mentioned in section 4A.
68 (1) If the following conditions are met, an eligible person may request the supervisory body to decide whether or not there is an unauthorised deprivation of liberty.
(2) The first condition is that the eligible person has notified the managing authority of the relevant hospital or care home that it appears to the eligible person that there is an unauthorised deprivation of liberty.
(3) The second condition is that the eligible person has asked the managing authority to request a standard authorisation in relation to the detention of the relevant person.
(4) The third condition is that the managing authority has not requested a standard authorisation within a reasonable period after the eligible person asks it to do so.
(5) In this paragraph “eligible person” means any person other than the managing authority of the relevant hospital or care home.
69 (1) This paragraph applies if an eligible person requests the supervisory body to decide whether or not there is an unauthorised deprivation of liberty.
(2) The supervisory body must select and appoint a person to carry out an assessment of whether or not the relevant person is a detained resident.
(3) But the supervisory body need not select and appoint a person to carry out such an assessment in either of these cases.
(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
(b) since that decision, there has been no change of circumstances which would merit the question being decided again.
(6) The supervisory body must not select and appoint a person to carry out an assessment under this paragraph unless it appears to 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.
(7) The supervisory body must notify the persons specified in sub-paragraph (8)—
(a) that the supervisory body have been requested to decide whether or not there is an unauthorised deprivation of liberty;
(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 person appointed.
(8) The persons referred to in sub-paragraph (7) are—
(a) the eligible person who made the request under paragraph 68;
(b) the person to whom the request relates;
(c) the managing authority of the relevant hospital or care home;
(d) any section 39A IMCA.
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 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);
(b) paragraph 132 (representations);
(c) paragraphs 134 and 135(1) and (2) (duty to keep records and give copies).
(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 of the assessment.
71 (1) This paragraph applies if—
(a) the supervisory body obtain an assessment under paragraph 69,
(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 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 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, have had to include in a request for a standard authorisation.
(4) The supervisory body must notify the persons specified in paragraph 69(8)—
(a) of the outcome of the assessment obtained under paragraph 69, and
(b) that this Schedule applies as mentioned in sub-paragraph (2).
72 (1) This paragraph applies if—
(a) the supervisory body obtain an assessment under paragraph 69, and
(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—
(a) the supervisory body obtain an assessment under paragraph 69,
(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 person is authorised as mentioned in section 4A.
(2) The supervisory body must notify the persons specified in paragraph 69(8)—
(a) of the outcome of the assessment, and
(b) that it appears to the supervisory body that the detention is authorised.
74 Only the managing authority of the relevant hospital or care home may give an urgent authorisation.
75 The managing authority may give an urgent authorisation only if they are required to do so by paragraph 76 (as read with paragraph 77).
76 (1) The managing authority must give an urgent authorisation in 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 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
(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 relates.
(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 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.
(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-paragraph (3).
78 (1) If the managing authority decide to give an urgent authorisation, they must decide the period during which the authorisation is to be in force.
(2) That period must not exceed 7 days.
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;
(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.
(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.
82 (1) This paragraph applies if an urgent authorisation is given.
(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 the following—
(a) the relevant person;
(b) any section 39A IMCA.
83 (1) This paragraph applies if an urgent authorisation is given.
(2) The managing authority of the relevant hospital or care home 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 to make an application to the court to exercise its jurisdiction under section 21A.
(3) Those steps must be taken as soon as is practicable after the authorisation is given.
(4) Those steps must include the giving of appropriate information both orally and in writing.
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 have made the request.
(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—
(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 request is disposed of.
(5) The supervisory body must keep a written record that the request has been made to them.
(6) In this paragraph and paragraphs 85 and 86—
(a) “original authorisation” and “existing detention” have the 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.
(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 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—
(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 authorisation.
(2) The supervisory body must give the managing authority notice stating—
(a) the decision, and
(b) their reasons for making it.
(3) The managing authority must give a copy of that notice to all of the following—
(a) the relevant person;
(b) any section 39A IMCA.
(4) The supervisory body must keep a written record of the outcome of the request.
87 (1) An urgent authorisation may not be varied except in accordance with paragraph 85.
(2) This paragraph does not affect the powers of the Court of Protection or of any other court.
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 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 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 under paragraph 58.
(5) In this paragraph—
“required request” means the request referred to in paragraph 76(2) or (3);
“requested authorisation” means the standard authorisation 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 force.
(2) The supervisory body must give notice that the authorisation has ceased to be in force.
(3) The supervisory body must give that notice to all of the following—
(a) the relevant person;
(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.
91 (1) This Part applies if the following 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 the managing authority of the 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 must give the supervisory body notice that the relevant person has ceased to meet the eligibility requirement.
Mental Health Act 2007