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Paragraph 136 F1

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

(1)

This paragraph applies to the supervisory body if—

(a)

they are given a copy of a best interests assessment, and

(b)

the assessment includes, in accordance with paragraph 44(2), a statement that it appears to the assessor that there is an unauthorised deprivation of liberty.

(2)

The supervisory body must notify all of the persons listed in sub-paragraph (3) that the assessment includes such a statement.

(3)

Those persons are—

(a)

the managing authority of the relevant hospital or care home;

(b)

the relevant person;

(c)

any section 39A IMCA;

(d)

any interested person consulted by the best interests assessor.

(4)

The supervisory body must comply with this paragraph when (or at some time before) they comply with paragraph 135.

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 )