Paragraph 111 F1

(1)

This paragraph applies if one or more qualifying requirements appear to be reviewable.

(2)

The supervisory body must secure that a separate review assessment is carried out in relation to each qualifying requirement which appears to be reviewable.

(3)

But sub-paragraph (2) does not require the supervisory body to secure that a best interests review assessment is carried out in a case where the best interests requirement appears to the supervisory body to be non-assessable.

(4)

The best interests requirement is non-assessable if—

(a)

the requirement is reviewable only on the variation of conditions ground, and

(b)

the change in the relevant person's case is not significant.

(5)

In making any decision whether the change in the relevant person's case is significant, regard must be had to—

(a)

the nature of the change, and

(b)

the period that the change is likely to last for.

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 )