MCA 2005 s4B
Mental Capacity Act 2005
(as amended)
Law as at 1/5/09
Part I contents: 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 18, 19, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 40, 41, 42, 43, 44
Without commentary: Plain text, Legislation.gov.uk
New law
Once the relevant parts of the Mental Health Act 2007 come into force, the text of this section will be as follows.
Deprivation of liberty necessary for life-sustaining treatment etc
[4B.—(1) If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.
(2) The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.
(3) The second condition is that the deprivation of liberty—
- (a) is wholly or partly for the purpose of—
- (i) giving P life-sustaining treatment, or
- (ii) doing any vital act, or
- (b) consists wholly or partly of—
- (i) giving P life-sustaining treatment, or
- (ii) doing any vital act.
(4) The third condition is that the deprivation of liberty is necessary in order to—
- (a) give the life-sustaining treatment, or
- (b) do the vital act.
(5) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P’s condition.][1]
Amendments