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[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
Emergency treatment for patients lacking capacity or competence
[64G.—(1) A person is also authorised to give relevant treatment to a patient as mentioned in section 64C(2)(c) or 64E(6)(b) above if the conditions in subsections (2) to (4) below are met.
(2) The first condition is that, when giving the treatment, the person reasonably believes that the patient lacks capacity to consent to it or, as the case may be, is not competent to consent to it.
(3) The second condition is that the treatment is immediately necessary.
(4) The third condition is that if it is necessary to use force against the patient in order to give the treatment—
(5) Subject to subsections (6) to (8) below, treatment is immediately necessary if—
(6) Where the treatment is section 58A type treatment by virtue of subsection (1)(a) of that section, treatment is immediately necessary if it falls within paragraph (a) or (b) of subsection (5) above.
(7) Where the treatment is section 58A type treatment by virtue of subsection (1)(b) of that section, treatment is immediately necessary if it falls within such of paragraphs (a) to (d) of subsection (5) above as may be specified in regulations under section 58A above.
(8) For the purposes of subsection (7) above, the regulations—
(9) Subsection (3) of section 62 above applies for the purposes of this section as it applies for the purposes of that section.]