Paragraph 12

Section 47 of the National Assistance Act 1948 (removal to suitable premises of persons in need of care and attention) is amended as follows.

After subsection (1) insert—

“(1A)

But this section does not apply to a person (“P”) in either of the following cases.

(1B)

The first case is where an order of the Court of Protection authorises the managing authority of a hospital or care home (within the meaning of Schedule A1 to the Mental Capacity Act 2005) to provide P with proper care and attention.

(1C)

The second case is where—

(a)

an authorisation under Schedule A1 to the Mental Capacity Act 2005 is in force, or

(b)

the managing authority of a hospital or care home are under a duty under paragraph 24 of that Schedule to request a standard authorisation, and

P is, or would be, the relevant person in relation to the authorisation.”

This paragraph does not extend to Scotland.