“Serious intervention”N.I.
63—(1) In this Part “serious intervention” means an intervention in connection with the care, treatment or personal welfare of P which (or any part of which)—
(a)consists of or involves major surgery;
(b)causes P serious pain, serious distress, or serious side-effects;
(c)affects seriously the options that will be available to P in the future, or has a serious impact on P's day-to-day life; or
(d)in any other way has serious consequences for P, whether physical or non-physical.
(2) Without prejudice to subsection (1), and to avoid any doubt, each of the following is a serious intervention for the purposes of this Part—
(a)any deprivation of liberty;
(b)the imposition of a requirement mentioned in section 28(1)(a) (requirements to attend at particular times or intervals for certain treatment);
(c)the imposition of a community residence requirement (see section 31).
(3) Regulations may provide that a prescribed intervention (except one mentioned in subsection (2))—
(a)is to be regarded as an intervention falling within a particular paragraph of subsection (1); or
(b)is not to be regarded as such an intervention.
(4) If—
(a)the act mentioned in section 9(1) is, or is part of, an intervention which turns out to be a serious intervention, but
(b)at the time the act is done D reasonably believes that the risk that the intervention will turn out to be a serious intervention is negligible,
that act is to be treated for the purposes of this Part as if the intervention were not a serious intervention.
Commencement Information
I1S. 63(2)(a) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)