Schedules Schedule 1: Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005 Part 3: Duration, renewal, variation and review of authorisation
Paragraph 28 sets out when an authorisation has effect. This is either immediately or from a later date specified by the responsible body, which can be no later than 28 days later.
	Paragraph 29 sets out when an authorisation ceases to have effect. This is either at the end of period of 12 months or at the end of a shorter period determined by the responsible body (see sub-paragraphs 1). Sub-paragraph (2) provides that if the authorisation is renewed under paragraph 29, the authorisation ceases to have effect at the end of the renewal period. The responsible body may at any time determine that the authorisation ceases to have effect from any earlier day (sub-paragraph (3)). An authorisation will cease to have effect if at any time the responsible body believes or ought reasonably to suspect that any of the conditions for the authorisation are not met (sub-paragraph (4)). An authorisation will also cease to have effect in relation to any arrangements so far as they are not in accordance with mental health requirements (sub-paragraph (5)).
	In the event that an authorisation ceases to have effect (in whole or in part) under paragraph 29(4) or (5), paragraph 30 requires the responsible body to take reasonable steps to notify any person who is likely to be carrying out the arrangements that the arrangements are no longer authorised. Paragraph 31 further specifies that where an authorisation ceases to have effect under paragraph 29(4) or (5), the arrangements are to be treated as authorised for the purposes of section 4C of the MCA unless the person carrying out the arrangements knew or ought to have known that the arrangements were no longer authorised, any of the conditions were not met or the arrangements were not in accordance with mental health conditions.
	Paragraph 32(1) sets out the renewal period for authorisations. It allows a first renewal for up to 12 months, and subsequent renewals for up to three years at a time. Paragraph 33 sets out that a responsible body may renew an authorisation in accordance with paragraph 34 where the conditions in that paragraph are met. However, where the arrangements are "care home arrangements", the responsible body can decide whether to renew the authorisation in accordance with either paragraph 34 or paragraph 35.
	Paragraph 34(a)(ii) requires that the responsible body must be satisfied that it is unlikely that there will be any significant change in the person’s condition during the renewal period which would affect whether the authorisation conditions are met under paragraph 13). This is to ensure that longer-term renewals are only used in the case of persons whose condition and circumstances are likely to be long-term and stable. The responsible body must also carry out consultation in accordance with paragraph 23.
	Paragraph 35(a) sets out that for care home arrangements being renewed in accordance with paragraph 35, the care home manager must provide the responsible body with a statement (see paragraph 36) before the authorisation can be renewed. The requirements for the statement under paragraph 36 largely mirror the requirements under paragraph 34. The statement must confirm that the authorisation conditions (see paragraph 13) continue to be met and that it is unlikely that there will be any significant change in the person’s condition during the renewal period which would affect whether the authorisation conditions would be met. The care home manager must also provide the responsible body with evidence that they have consulted in accordance with paragraph 23. The responsible body may renew the authorisation in reliance on that statement.
	Paragraph 37 permits the responsible body to vary an authorisation where consultation in accordance with paragraph 23 has taken place and it is reasonable to make the variation. This will give responsible bodies some ability to make variations but only in limited circumstances. A review must be held before the variation, or if it is not practicable or appropriate to do so, as soon as practicable afterwards (paragraph 35(3)(a)) and (4)).
	Paragraph 38(2) requires a responsible body to specify a programme of regular reviews. The review must be carried out by a reviewer, who is defined under sub-paragraph (1) as the responsible body. In relation to care home arrangements, the responsible body can also decide that the care home manager will be the reviewer.
	Paragraph 38(3) provides that the reviewer must review an authorisation if any of the conditions specified apply, including: on a variation under paragraph 37; if a reasonable request is made by a someone with an interest in the arrangements; if the person becomes subject to mental health arrangements or different Mental Health Act requirements; or in some cases where the person objects to the arrangements and the pre-authorisation review was not carried out by an Approved Mental Capacity Professional. A review will also be triggered where there is a significant change in the person’s condition or circumstances.
	Paragraph 38(4) requires that a review under sub-paragraph (3)(a) must be carried out before an authorisation is varied or, if that is not practicable or appropriate, as soon as practicable afterwards.
	Sub-paragraphs (5) and (10) require a referral to an Approved Mental Capacity Professional in circumstances where the reviewer becomes aware that a case now calls for such a referral (for example in cases where the person subsequently objects to the arrangements).
	Sub-paragraphs (7) and (8) set out that a review can be triggered if an objection has been raised on behalf of the person by someone who is engaged with caring for the cared-for person or a person who has an interest in the cared-for person’s welfare, and the cared-for person makes a reasonable request.
	Sub-paragraph (11) provides, where sub-paragraph (7) applies, for the reviewer to refer the case to an Approved Mental Capacity Professional. If the Approved Mental Capacity Professional accepts the referral, they will determine whether the authorization conditions are met.
	Sub-paragraph (12) sets out what the Approved Mental Capacity Professional must do when a case is referred to them for review.