Section 16A Section 16 powers: Mental Health Act patients etcF1

(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).

Annotations

Textual amendments

F1: S. 16A inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50(3), 56; S.I. 2009/139, art. 2(b) (with art. 3)

Notes on Part 1

Modifications

C1: Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)