MCA 2005 s4A: Difference between revisions
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Latest revision as of 21:36, 6 October 2008
Mental Capacity Act 2005
(as amended)
Law as at 1/5/09
Part I contents: 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 18, 19, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 40, 41, 42, 43, 44
Without commentary: Plain text, Legislation.gov.uk
Restriction on deprivation of liberty
[4A.—(1) This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty.
(2) But that is subject to—
- (a) the following provisions of this section, and
- (b) section 4B.
(3) D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court.
(4) A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P’s personal welfare.
(5) D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty).][1]
Amendments