Textual Amendments
F1Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1
51(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;
(e)anything which has the same effect as something within paragraph (b), (c) or (d), under another England and Wales enactment.
(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.]