Schedules Schedule 1: Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005 Overview
Schedule 1 inserts Schedule AA1 into the MCA. This will replace Schedules A1 and 1A to the MCA. Schedule AA1 provides for the new administrative scheme for the authorisation of arrangements enabling care or treatment of a person who lacks capacity to consent to the arrangements, which give rise to a deprivation of that person’s liberty (referred to as the "Liberty Protection Safeguards"). Under Schedule AA1, a responsible body (defined in paragraph 6) will be able to authorise arrangements giving rise to a deprivation of a person’s liberty in any setting.
	Before a responsible body can authorise the arrangements, it must be satisfied that three authorisation conditions are met (see paragraph 13): (1) the person who is the subject of the arrangements lacks the capacity to consent to the arrangements; (2) the person has a mental disorder; and (3) the arrangements are necessary and proportionate to prevent harm to the person and proportionate in relation to the likelihood and seriousness of harm to the person. In all cases, a person who is not involved in the day-to-day care of, or in providing any treatment to, the person, and who does not have a prescribed connection with a care home (see paragraph 24), must carry out a pre-authorisation review to determine whether the authorisation conditions are met or whether it is reasonable for the responsible body to conclude that they are met. In certain cases (including where the person is objecting to the proposed arrangements, and where the arrangements provide for the person to receive care or treatment mainly in an independent hospital) an Approved Mental Capacity Professional (see paragraph 24(2)) must carry out the pre-authorisation review.
	Once an authorisation has been given, there are a number of safeguards put in place for the person. These include regular reviews of the authorisation by the responsible body or care home manager (see paragraph 38), and the right to challenge the authorisation before the Court of Protection (under section 21ZA of the MCA, as inserted by section 3).
	The effect of Part 5 is that the person may be represented and supported either by an "appropriate person" or an Independent Mental Capacity Advocate (IMCA) when an authorisation is being proposed and while an authorisation is in place.
	Part 7 of Schedule AA1 sets out the interface between the Liberty Protection Safeguards scheme and the Mental Health Act 1983. Broadly speaking, patients who are detained under the Mental Health Act 1983 or who are objecting to a hospital admission for mental health treatment or an assessment, cannot be made subject to an authorisation under Schedule AA1 for the purposes of that treatment or assessment. In the community, a person could be subject to an authorisation under Schedule AA1 and a community Mental Health Act power (for example guardianship or a Community Treatment Order), so long as the authorisation does not conflict with any requirement contained in the power.