Part 4A contents
64A, 64B, 64C, 64D, 64E, 64F, 64FA, 64G, 64H, 64I, 64J, 64K
I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules
Change made by Mental Health Act 2007
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.
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[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
Adult community patients lacking capacity
[64D.—(1) A person is authorised to give relevant treatment to a patient as mentioned in section 64C(2)(c) above if the conditions in subsections (2) to (6) below are met.
(2) The first condition is that, before giving the treatment, the person takes reasonable steps to establish whether the patient lacks capacity to consent to the treatment.
(3) The second condition is that, when giving the treatment, he reasonably believes that the patient lacks capacity to consent to it.
(4) The third condition is that—
- (a) he has no reason to believe that the patient objects to being given the treatment; or
- (b) he does have reason to believe that the patient so objects, but it is not necessary to use force against the patient in order to give the treatment.
(5) The fourth condition is that—
- (a) he is the person in charge of the treatment and an approved clinician; or
- (b) the treatment is given under the direction of that clinician.
(6) The fifth condition is that giving the treatment does not conflict with—
- (a) an advance decision which he is satisfied is valid and applicable; or
- (b) a decision made by a donee or deputy or the Court of Protection.
(7) In this section—
- (a) reference to an advance decision is to an advance decision (within the meaning of the Mental Capacity Act 2005) made by the patient; and
- (b) "valid and applicable", in relation to such a decision, means valid and applicable to the treatment in question in accordance with section 25 of that Act.]
- ↑ Mental Health Act 2007 s35; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08