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Paragraph 2 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

A person (“P”) is ineligible to be deprived of liberty by this Act (“ineligible”) if—

(a)

P falls within one of the cases set out in the second column of the following table, and

(b)

the corresponding entry in the third column of the table —or the provision, or one of the provisions, referred to in that entry — provides that he is ineligible.

Status of PDetermination of ineligibility
Case A

P is—

  1. (a)

    subject to the hospital treatment regime, and

  2. (b)

    detained in a hospital under that regime.

P is ineligible.
Case B

P is—

  1. (a)

    subject to the hospital treatment regime, but

  2. (b)

    not detained in a hospital under that regime.

See paragraphs 3 and 4.
Case CP is subject to the community treatment regime.See paragraphs 3 and 4.
Case DP is subject to the guardianship regime.See paragraphs 3 and 5.
Case E

P is—

  1. (a)

    within the scope of the Mental Health Act, but

  2. (b)

    not subject to any of the mental health regimes.

See paragraph 5.

Annotations

Textual amendments

F1

Sch. 1A inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 8 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(d) (with art. 3)