Mental Capacity Act 2005

Kinds of mental health arrangements U.K.

[F1 50 (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.]

Textual Amendments

F1 Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1