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(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).
(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.
[F1(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).]
[F2F1(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).]
F2(2)“Medical treatment”, “mental disorder” and “patient” have the same meaning as in that Act.
Textual Amendments
F1S. 28(1A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(10), 56; S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
F2S. 28(1B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(5), 56; S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)
(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).