MCA s28 text: Difference between revisions

Revision as of 21:07, 1 May 2009

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.

Amendments

↑ ^{Jump up to: 1.0} ^1.1 Mental Health Act 2007 sch 10 & s35, wef 3/11/08

[MHA-1] {Jump up to: 1.0} ^1.1 Mental Health Act 2007 sch 10 & s35, wef 3/11/08

[1]

@@ Line 10: / Line 10: @@
 if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.
-(2) "Medical treatment", "mental disorder" and "patient" have the same meaning as in that 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).]<ref name="MHA">[[Mental Health Act 2007]] sch 10 & s35, wef 3/11/08</ref>
-{{mca-orig}}
-{{newmha}}
-'''Mental Health Act matters'''
-.—(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).]<ref name="MHA">[[Mental Health Act 2007]]</ref>
 [(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).]<ref name="MHA"/>