28Mental Health Act mattersE+W
(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.)