MHA 1983 s64C
A Bill is currently being drafted to reduce the burden on the SOAD service by altering the certificate requirement for CTO patients: where the RC certifies that the patient has capacity there would be no need for a SOAD second opinion (source: Dr Simon Wood, lead SOAD, North East MH Law Conference, 10/6/11). The Bill has not yet been published.
Change made by Mental Health Act 2007
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[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 17. Medical treatment of Supervised Community Treatment patients (Part 4A) [Note that the chapter number relates to the old Reference Guide] — chapter 17
- Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act, 24. Treatments subject to special rules and procedures
Section 64B: supplemental
[64C.—(1) This section has effect for the purposes of section 64B above.
(2) There is authority to give treatment to a patient if—
- (a) he has capacity to consent to it and does consent to it;
- (b) a donee or deputy or the Court of Protection consents to it on his behalf; or
- (c) giving it to him is authorised in accordance with section 64D or 64G below.
(3) Relevant treatment is section 58 type treatment or section 58A type treatment if, at the time when it is given to the patient, section 58 or 58A above (respectively) would have applied to it, had the patient remained liable to be detained at that time (rather than being a community patient).
(4) The certificate requirement is met in respect of treatment to be given to a patient if—
- (a) a registered medical practitioner appointed for the purposes of Part 4 of this Act (not being the responsible clinician or the person in charge of the treatment) has certified in writing that it is appropriate for the treatment to be given or for the treatment to be given subject to such conditions as may be specified in the certificate; and
- (b) if conditions are so specified, the conditions are satisfied.
[(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the patient has capacity to consent to the treatment and has consented to it.
(4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type treatment.]
(5) In a case where the treatment is section 58 type treatment, treatment is immediately necessary if—
- (a) it is immediately necessary to save the patient's life; or
- (b) it is immediately necessary to prevent a serious deterioration of the patient's condition and is not irreversible; or
- (c) it is immediately necessary to alleviate serious suffering by the patient and is not irreversible or hazardous; or
- (d) it is immediately necessary, represents the minimum interference necessary to prevent the patient from behaving violently or being a danger to himself or others and is not irreversible or hazardous.
(6) In a case 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) In a case 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 that section.
(8) For the purposes of subsection (7) above, the regulations—
- (a) may make different provision for different cases (and may, in particular, make different provision for different forms of treatment);
- (b) may make provision which applies subject to specified exceptions; and
- (c) may include transitional, consequential, incidental or supplemental provision.
(9) Subsection (3) of section 62 above applies for the purposes of this section as it applies for the purposes of that section.]