Commentary on Sections Part 2 – Lack of Capacity: Protection from Liability, and Safeguards Chapter 7 – Rights of Review of Authorisation Section 45 – Right to apply to Tribunal
This section applies where an authorisation has been granted under paragraph 15 or paragraph 20 of Schedule 1, or under Schedule 2, or extended under Chapter 6 of Part 2 of the Act. If such an authorisation or extension has been made, a qualifying person can apply to the Tribunal.
If an authorisation has been granted under paragraph 15 of Schedule 1, the qualifying person can apply within the period of six months beginning with the date on which the authorisation was granted.
If an authorisation has been granted under paragraph 20 of Schedule 1, the qualifying person can apply within the period of 28 days beginning with the date on which the interim authorisation was granted.
If the authorisation was granted under Schedule 2, the qualifying person can apply within the period of 28 days beginning with the date on which a report is made under paragraph 11 of Schedule 2.
If the authorisation is extended under Chapter 6 of Part 2, the qualifying person can apply to the Tribunal within the period beginning with the date when the authorisation is extended, and ending with the end date of the period for which the authorisation is extended.
In this section, “qualifying person” means P, or P’s nominated person. However, if P has capacity to decide whether or not to apply to the Tribunal, the nominated person can only make the application with P’s consent.