C1Part 1Persons who lack capacity
Independent mental capacity advocate service
I137Provision of serious medical treatment by NHS body
1
This section applies if an NHS body—
a
is proposing to provide, or secure the provision of, serious medical treatment for a person (“P”) who lacks capacity to consent to the treatment, and
b
is satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.
2
3
Before the treatment is provided, the NHS body must instruct an independent mental capacity advocate to represent P.
4
If the treatment needs to be provided as a matter of urgency, it may be provided even though the NHS body has not been able to comply with subsection (3).
5
The NHS body must, in providing or securing the provision of treatment for P, take into account any information given, or submissions made, by the independent mental capacity advocate.
6
“Serious medical treatment” means treatment which involves providing, withholding or withdrawing treatment of a kind prescribed by regulations made by the appropriate authority.
7
“NHS body” has such meaning as may be prescribed by regulations made for the purposes of this section by—
a
the Secretary of State, in relation to bodies in England, or
b
the National Assembly for Wales, in relation to bodies in Wales.
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)