{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/section-16A",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/section-16A.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "section/16A",
  "kind": "section",
  "number": "16A",
  "heading": "Section 16 powers: Mental Health Act patients etc",
  "text": "(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.\n(2) If—\n(a) a welfare order includes provision which authorises a person to be deprived of his liberty, and\n(b) that person becomes ineligible to be deprived of liberty by this Act,\nthe provision ceases to have effect for as long as the person remains ineligible.\n(3) Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order.\n(4) For the purposes of this section—\n(a) Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;\n(b) “welfare order” means an order under section 16(2)(a).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ukpga/2019/18",
      "affecting_title": "Mental Capacity (Amendment) Act 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/section/16A",
    "retrieved_at": "2026-10-29T09:16:24.228713+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}