Mental Capacity Act 2005

28Mental Health Act mattersE+W

This sectionnoteType=Explanatory Notes has no associated

(1)Nothing in this Act authorises anyone—

(a)to give a patient medical treatment for mental disorder, or

(b)to consent to a patient's being given medical treatment for mental disorder,

if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.

[F1(1A)Subsection (1) does not apply in relation to any form of treatment to which section 58A of that Act (electro-convulsive therapy, etc.) applies if the patient comes within subsection (7) of that section (informal patient under 18 who cannot give consent).]

[F2F1(1B)Section 5 does not apply to an act to which section 64B of the Mental Health Act applies (treatment of community patients not recalled to hospital).]

F2(2)Medical treatment”, “mental disorder” and “patient” have the same meaning as in that Act.

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