- Act
includes an omission and a course of conduct.
- Adoption order
means—
- Adult
means subject to sub-paragraph (2) a person who—
- Advance decision
means a decision made by a person (“P”), after he has reached 18 and when he has capacity to do so, that if— the specified treatment is not to be carried out or continued.
- Applicable period
means—
- appropriate authority
means—
- Approved Mental Capacity Professional
means a person approved in accordance with Part 4 as an Approved Mental Capacity Professional for the purposes of this Schedule;
- assessor
means the person carrying out the assessment;
- authorisation
means authorisation of arrangements under this Schedule, and “authorise” and related words are to be read accordingly;
- authorisation conditions
has the meaning given by paragraph 13;
- authorisation record
has the meaning given by paragraph 27;
- Authorisation under this Schedule
means either of the following—
- authorised course of action
means any course of action amounting to deprivation of liberty which the order under section 16(2)(a) authorises;
- Bankruptcy restrictions order
includes an interim bankruptcy restrictions order.
- best interests assessor
means any person who is carrying out, or has carried out, a best interests assessment in relation to the relevant person;
- care home
means— (a) a place which is a care home within the meaning given by section 3 of the Care Standards Act 2000, or (b) a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over;
- care home arrangements
means arrangements, in relation to a cared-for person aged 18 or over, carried out wholly or partly in a care home;
- cared-for person
has the meaning given by paragraph 2(1);
- Clinical trials regulations
means—
- code
means a code prepared or revised under this section.
- Convention
means the Convention referred to in section 63.
- Convention country
means a country in which the Convention is in force.
- Country
includes a territory which has its own system of law.
- Customary occasion
means—
- Debt relief restrictions order
includes an interim debt relief restrictions order.
- Detained resident
means a person detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty.
- donee
means a donee of a lasting power of attorney granted by P;
- Education, Health and Care plan
means a plan within the meaning of section 37(2) of the Children and Families Act 2014;
- eligibility assessor
means a person carrying out an eligibility assessment in relation to the relevant person;
- eligible person
means any person other than the managing authority of the relevant hospital or care home.
- England and Wales enactment
means an enactment, in the Mental Health Act or elsewhere, which extends to England and Wales (whether or not it also extends elsewhere);
- English responsible body
means—
- hospital
has the same meaning as in Part 2 of the Mental Health Act;
- hospital manager
has the meaning given by paragraph 7;
- IMCA
means an independent mental capacity advocate.
- Impairing condition
means a condition which is (or may be) attributable to, or which causes or contributes to (or may cause or contribute to), the impairment of, or disturbance in the functioning of, the mind or brain.
- independent hospital
has the meaning given by paragraph 5;
- integrated care board
means a body established under section 14Z25 of the National Health Service Act 2006;
- lasting power
means—
- learning disability
has the meaning given by section 1(4) of the Mental Health Act;
- Life-sustaining treatment
means treatment which in the view of a person providing health care for the person concerned is necessary to sustain life.
- local authority
has the meaning given by paragraph 4;
- Local Health Board
means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
- medical treatment
has the same meaning as in the Mental Health Act (see section 145(1) and (4)), but
- mental disorder
has the meaning given by section 1(2) of the Mental Health Act;
- mental health arrangements
has the meaning given by paragraph 46;
- mental health patient
means a person accommodated in a hospital for the purpose of being given medical treatment for mental disorder;
- mental health requirements
has the meaning given by paragraph 57;
- mental health treatment
means the medical treatment for mental disorder referred to in the definition of “mental health patient”.
- named person
means a person named under sub-paragraph (1)(c).
- Necessary
means suitable to a person's condition in life and to his actual requirements at the time when the goods or services are supplied.
- Parental responsibility
has the same meaning as in the Children Act 1989 (c. 41).
- Prescribed
means prescribed by the regulations.
- Protective measure
means a measure directed to the protection of the person or property of an adult;
- Referendum
has the same meaning as in section 101 of the Political Parties, Elections and Referendums Act 2000 (c. 41).
- regulations
means regulations made for the purposes of this Schedule by the Lord Chancellor.
- relevant care or treatment
has the same meaning as in Schedule A1;
- relevant hospital or care home
means the hospital or care home in question;
- relevant instrument
means the standard authorisation under Schedule A1.
- Relevant matter
means a matter in relation to which, immediately before the commencement day, R was authorised to act as P's receiver.
- relevant national authority
means—
- relevant person
means a person engaged in caring for the cared-for person or a person interested in the cared-for person's welfare.
- relevant procedure
means— (a) the request for the standard authorisation, or (b) the review of the standard authorisation;
- relevant rights
means— (a) the right to apply to court, and (b) the right of review;
- requested authorisation
means the standard authorisation to which the required request relates.
- required request
means the request referred to in paragraph 76(2) or (3);
- Requirement
means a requirement imposed under subsection (2) or (3).
- responsible body
has the meaning given by paragraph 6;
- right of review
means the right under Part 8 of Schedule A1 to request a review.
- right to apply to court
means the right to make an application to the court to exercise its jurisdiction under section 21A;
- Serious medical treatment
means treatment which involves providing, withholding or withdrawing treatment of a kind prescribed by regulations made by the appropriate authority.
- Standard authorisation
means an authorisation given under Part 4.
- Stocks
includes— and “dividends” is to be construed accordingly.
- supervisory body
means the supervisory body responsible for securing that the assessment is carried out.
- supervisory functions
means functions which the National Assembly have as supervisory body, so far as they are exercisable in relation to hospitals (whether NHS or independent hospitals, and whether in Wales or England).
- The 1986 Measure
means the Patronage (Benefices) Measure 1986 (No. 3).
- the appropriate authority
means—
- the commencement day
means the day on which section 66(1)(b) (repeal of the 1985 Act) comes into force.
- the former Court of Protection
means the office abolished by section 45, and
- the new Court of Protection
means the court established by that section.
- the requirements for the creation of enduring powers
means the provisions of—
- the responsible authority
means—
- the reviewer
means the responsible body unless, in relation to care home arrangements, the responsible body decides the care home manager should be the reviewer for the purposes of this paragraph.
- Urgent authorisation
means an authorisation given under Part 5.
- Wasted costs
means any costs incurred by a party—
- welfare order
means an order under section 16(2)(a).
- Welsh responsible body
has the meaning given by paragraph 12.