Schedules Schedule 1: Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005 Part 7: Excluded arrangements: mental health
Paragraphs 45 to 57 set out that Schedule AA1 cannot be used to authorise "mental health arrangements" (paragraphs 45(a) and 46 to 56) or where arrangements that would be not in accordance with any mental health requirements (paragraphs 45(b) and 57). These provisions are intended to replicate to a large extent the current effect of Schedule 1A to the MCA.
	Paragraphs 45(a), 47 and 53 provide that patients detained under the Mental Health Act 1983 cannot be made subject to an authorisation under Schedule AA1 for the purpose of mental health assessment or treatment in hospital. Paragraph 50 also sets out that where an individual who could be detained under the Mental Health Act and objects (and a Court appointed deputy or donee of a Lasting Power of Attorney has not consented), they cannot be made subject to an authorisation under Schedule AA1 for the purpose of mental health assessment or treatment in hospital.
	Paragraph 45(b) read together with paragraph 57 permits individuals who are not detained under the Mental Health Act but are living in the community and subject to requirements imposed under the Mental Health Act, to be subject to an authorisation under Schedule AA1 so long as the authorised arrangements are in accordance with those mental health requirements. For example, where a person is subject to guardianship under the Mental Health Act, an authorisation could not be granted under Schedule AA1 which provided for a person to reside in a different place to that specified by the guardian.