Assisted Decision-Making (Capacity) Act 2015

Chapter 5

Interim orders, reviews and expert reports

Interim orders

48. (1) Where an application under this Part has been brought before the court but not determined, the court may make an interim order in relation to the relevant person the subject of the application if—

(a) the matter to which the order relates is one in respect of which the court may make an order under this Part,

(b) the court has reason to believe that the relevant person lacks capacity in relation to the matter, and

(c) in the opinion of the court, it is in the interests of the relevant person to make the order without delay.

(2) An order under this section shall—

(a) limit the period of time for which the order shall have effect, and

(b) limit the operation of the order to matters specified in the order,

but the court may renew the order if it considers that it is in the interests of the relevant person to do so.

(3) The court may vary or revoke an order made under this section, whether of its own motion or pursuant to an application to it by a person entitled by virtue of section 36 to make the application.

(4) This section shall, with all necessary modifications, apply to a direction which the court may give under this Part as it applies to an order which it may make under this Part.