SCHEDULES
F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment
Part 7Excluded arrangements: mental health
51Kinds of mental health arrangements
1
This paragraph applies if the following conditions are met.
2
Condition 1 is that—
a
an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and
b
P could be detained in a hospital in pursuance of such an application, were one made.
3
Condition 2 is that P is not subject to any of these—
a
the hospital treatment regime;
b
a community treatment order under section 17A of the Mental Health Act;
c
a guardianship application under section 7 of the Mental Health Act;
d
a guardianship order under section 37 of the Mental Health Act;
4
Condition 3 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.
5
Condition 4 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.
6
Condition 5 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.
7
For provision about determining whether P objects see paragraph 52.
Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1