PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 9DEFINITIONS FOR PURPOSES OF PART 2
Meaning of “serious intervention”
63“Serious intervention”
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.