SCHEDULES

F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment

Annotations:
Amendments (Textual)
F1

Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 7Excluded arrangements: mental health

50Kinds of mental health arrangements

1

This paragraph applies if the following conditions are met.

2

Condition 1 is that P is subject to—

a

a guardianship application under section 7 of the Mental Health Act,

b

a guardianship order under section 37 of that Act, or

c

anything which has the same effect as something within paragraph (a) or (b), under another England and Wales enactment.

3

Condition 2 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.

4

Condition 3 is that P objects—

a

to being accommodated in a hospital for that purpose, or

b

to being given some or all of that treatment.

5

Condition 4 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.

6

For provision about determining whether P objects see paragraph 52.