[Part 3 The Qualifying Requirements]
Mental Capacity Act 2005 (2005 c 9) | Legislation

[Part 3 The Qualifying Requirements]

[The qualifying requirements

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(1)ÌýÌýÌýÌý These are the qualifying requirements referred to in this Schedule—

(a)ÌýÌýÌýÌý the age requirement;

(b)ÌýÌýÌýÌý the mental health requirement;

(c)ÌýÌýÌýÌý the mental capacity requirement;

(d)ÌýÌýÌýÌý the best interests requirement;

(e)ÌýÌýÌýÌý the eligibility requirement;

(f)ÌýÌýÌýÌý the no refusals requirement.

(2)ÌýÌýÌýÌý Any question of whether a person who is, or is to be, a detained resident meets the qualifying requirements is to be determined in accordance with this Part.

(3)ÌýÌýÌýÌý In a case where—

(a)ÌýÌýÌýÌý the question of whether a person meets a particular qualifying requirement arises in relation to the giving of a standard authorisation, and

(b)ÌýÌýÌýÌý any circumstances relevant to determining that question are expected to change between the time when the determination is made and

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