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Paragraph 106 F1

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

(1)

Any of the following qualifying requirements is reviewable on the ground set out in sub-paragraph (2)—

(a)

the mental health requirement;

(b)

the mental capacity requirement;

(c)

the best interests requirement;

(d)

the eligibility requirement;

(e)

the no refusals requirement.

(2)

The ground is that the reason why the relevant person meets the requirement is not the reason stated in the standard authorisation.

(3)

This ground is referred to as the change of reason ground.

Annotations

Textual amendments

F1

Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )