Mental Health Act 1983
(as amended)

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Law as at 19/11/11

Part IV contents

56, 57, 58, 58A, 59, 60, 61, 62, 62A, 63, 64

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Overview of the MHA 1983
Plain text for printing
Statute Law Database

For details, see Compulsory treatment.

Changes made by Mental Health Act 2007

• Additional safeguards for ECT introduced in new s58A 3/11/08
• SOAD certificate becomes invalid when patient loses or gains capacity 3/11/08

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

See also

• Reference Guide to the Mental Health Act 1983, 16. Medical treatment for patients in hospital, etc (Part 4) — paragraphs 16.22, 16.38 and 16.53
• Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act

Law

Withdrawal of consent

60.—(1) Where the consent of a patient to any treatment has been given for the purposes of section 57[, 58 or 58A] above, the patient may, subject to section 62 below, at any time before the completion of the treatment withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.

[(1A) Subsection (1B) below applies where—

(a) the consent of a patient to any treatment has been given for the purposes of section 57, 58 or 58A above; but

(b) before the completion of the treatment, the patient ceases to be capable of understanding its nature, purpose and likely effects.

(1B) The patient shall, subject to section 62 below, be treated as having withdrawn his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.

(1C) Subsection (1D) below applies where—

(a) a certificate has been given under section 58 or 58A above that a patient is not capable of understanding the nature, purpose and likely effects of the treatment to which the certificate applies; but

(b) before the completion of the treatment, the patient becomes capable of understanding its nature, purpose and likely effects.

(1D) The certificate shall, subject to section 62 below, cease to apply to the treatment and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.]

(2) Without prejudice to the application of [subsections (1) to (1D)] above to any treatment given under the plan of treatment to which a patient has consented, a patient who has consented to such a plan may, subject to section 62 below, at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan.

Amendments