Mental Capacity Act 2005 (c. 9)

Part 1 Persons who lack capacity

Excluded decisions

28 Mental 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.

(2) “Medical treatment”, “mental disorder” and “patient” have the same meaning as in that Act.