Section 4A Restriction on deprivation of libertyF1

(1)

This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty.

(2)

But that is subject to—

(a)

the following provisions of this section, and

(b)

section 4B.

(3)

D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court.

(4)

A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P's personal welfare.

(~~F25~~)

~~D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty).~~

(5)

D may deprive P of liberty if, by doing so, D is carrying out arrangements authorised under Schedule AA1 (arrangements enabling the care and treatment of persons who lack capacity).

Annotations

Textual amendments

F1: Ss. 4A, 4B inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50(2), 56; S.I. 2009/139, art. 2(b) (with art. 3)
F2: S. 4A(5) substituted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), ss. 1(2), 6(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)