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Part 1 E+WPersons who lack capacity

Excluded decisionsE+W

27Family relationships etc.E+W

(1)Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person—

(a)consenting to marriage or a civil partnership,

(b)consenting to have sexual relations,

(c)consenting to a decree of divorce being granted on the basis of two years' separation,

(d)consenting to a dissolution order being made in relation to a civil partnership on the basis of two years' separation,

(e)consenting to a child's being placed for adoption by an adoption agency,

(f)consenting to the making of an adoption order,

(g)discharging parental responsibilities in matters not relating to a child's property,

(h)giving a consent under the Human Fertilisation and Embryology Act 1990 (c. 37).

(2)Adoption order” means—

(a)an adoption order within the meaning of the Adoption and Children Act 2002 (c. 38) (including a future adoption order), and

(b)an order under section 84 of that Act (parental responsibility prior to adoption abroad).

28Mental Health Act mattersE+W

(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.

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

29Voting rightsE+W

(1)Nothing in this Act permits a decision on voting at an election for any public office, or at a referendum, to be made on behalf of a person.

(2)Referendum” has the same meaning as in section 101 of the Political Parties, Elections and Referendums Act 2000 (c. 41).