C3Part 1Persons who lack capacity
Excluded decisions
27Family relationships etc.
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,
h
giving a consent under the Human Fertilisation and Embryology Act 1990 (c. 37).
F1i
giving a consent under the Human Fertilisation and Embryology Act 2008.
F12
“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 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.
F21A
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).
F2F31B
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).
F32
“Medical treatment”, “mental disorder” and “patient” have the same meaning as in that Act.
29Voting rights
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).
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)