MCA s28 text

Mental Health Act matters

28.—(1) Nothing in this Act authorises anyone-

(a) to give a patient medical treatment for mental disorder, or
(b) to consent to a patient's being given medical treatment for mental disorder,

if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.

[(1A) Subsection (1) does not apply in relation to any form of treatment to which section 58A of that Act (electro-convulsive therapy, etc.) applies if the patient comes within subsection (7) of that section (informal patient under 18 who cannot give consent).][1]

[(1B) Section 5 does not apply to an act to which section 64B of the Mental Health Act applies (treatment of community patients not recalled to hospital).][1]

(2) "Medical treatment", "mental disorder" and "patient" have the same meaning as in that Act.


  1. 1.0 1.1 Mental Health Act 2007 sch 10 & s35, wef 3/11/08