MHA 1983 s64E

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part 4A contents

64A, 64B, 64C, 64D, 64E, 64F, 64FA, 64G, 64H, 64I, 64J, 64K

All Parts

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

Change made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Child community patients

[64E.—(1) This section applies to the giving of relevant treatment to a community patient who—

(a) is not recalled to hospital under section 17E above; and
(b) has not attained the age of 16 years.

(2) The treatment may not be given to the patient unless—

(a) there is authority to give it to him; and
(b) if it is section 58 type treatment or section 58A type treatment, the certificate requirement is met.

(3) But the certificate requirement does not apply if—

(a) giving the treatment to the patient is authorised in accordance with section 64G below; or
(b) in a case where the patient is competent to consent to the treatment and does consent to it, the treatment is immediately necessary.

(4) Nor does the certificate requirement apply in so far as the administration of medicine to the patient at any time during the period of one month beginning with the day on which the community treatment order is made is section 58 type treatment.

(5) The reference in subsection (4) above to the administration of medicine does not include any form of treatment specified under section 58(1)(a) above.

(6) For the purposes of subsection (2)(a) above, there is authority to give treatment to a patient if—

(a) he is competent to consent to it and he does consent to it; or
(b) giving it to him is authorised in accordance with section 64F or 64G below.

(7) Subsections [(3) to (4A) and (5) to (9)][1] of section 64C above have effect for the purposes of this section as they have effect for the purposes of section 64B above[; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as if—

(a) the references to treatment were references only to section 58 type treatment,
(b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
(c) the reference to capacity to consent were a reference to competence to consent.][1]

(8) Regulations made by virtue of section 32(2)(d) above apply for the purposes of this section as they apply for the purposes of Part 2 of this Act.][2]

Amendments

  1. 1.0 1.1 Health and Social Care Act 2012 s299; Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012/1319 (1/6/12)
  2. Mental Health Act 2007 s35; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08