MCA 2005 s16A: Difference between revisions
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Latest revision as of 21:37, 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
Section 16 powers: Mental Health Act patients etc
16A.[1]—(1) If a person is ineligible to be deprived of liberty by this Act, the court may not include in a welfare order provision which authorises the person to be deprived of his liberty.
(2) If—
- (a) a welfare order includes provision which authorises a person to be deprived of his liberty, and
- (b) that person becomes ineligible to be deprived of liberty by this Act,
the provision ceases to have effect for as long as the person remains ineligible.
(3) Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order.
(4) For the purposes of this section—
- (a) Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;
- (b) “welfare order” means an order under section 16(2)(a).”
Amendments