PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
Treatment with serious consequences
19Treatment with serious consequences: objection from nominated person
1
This section applies where—
a
the act mentioned in section 9(1) is, or is done in the course of, the provision to P of treatment which is treatment with serious consequences (see section 21); and
b
the treatment is carried out despite a reasonable objection from P's nominated person.
2
Section 9(2) (protection from liability) applies to the act only if—
a
the provision of the treatment to P is authorised; and
b
the prevention of serious harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.
3
Subsection (2)(a) does not apply where the situation is an emergency (see section 65).
4
For the purposes of subsection (2)(a) the provision of the treatment to P is “authorised” if, at the time the act is done, there is in force an authorisation granted under Schedule 1 which authorises the provision of the treatment to P.
5
See section 22 for the prevention of serious harm condition.