Commentary on Sections Part 2 – Lack of Capacity: Protection from Liability, and Safeguards Chapter 7 – Rights of Review of Authorisation Section 50 – Duty of HSC trust to notify the Attorney General
This section applies if the period of authorisation under Schedule 1 has been extended under section 38 or Schedule 3 for a period of one year; the authorisation authorises a deprivation of liberty or community residence requirement; and at the relevant time it appears to the HSC trust that P lacks or probably lacks capacity in relation to whether an application to the Tribunal should be made. In this case, the HSC trust must as soon as practicable give notice of these matters to the Attorney General, together with any prescribed information.
This section defines the “relevant time” as meaning the time six months after the beginning of the one year period mentioned above.