C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Independent mental capacity advocate service

I137Provision of serious medical treatment by NHS body

1

This section applies if an NHS body—

a

is proposing to provide, or secure the provision of, serious medical treatment for a person (“P”) who lacks capacity to consent to the treatment, and

b

is satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.

2

But this section does not apply if P's treatment is regulated by Part 4 F1or 4AF1 of the Mental Health Act.

3

Before the treatment is provided, the NHS body must instruct an independent mental capacity advocate to represent P.

4

If the treatment needs to be provided as a matter of urgency, it may be provided even though the NHS body has not been able to comply with subsection (3).

5

The NHS body must, in providing or securing the provision of treatment for P, take into account any information given, or submissions made, by the independent mental capacity advocate.

6

“Serious medical treatment” means treatment which involves providing, withholding or withdrawing treatment of a kind prescribed by regulations made by the appropriate authority.

7

“NHS body” has such meaning as may be prescribed by regulations made for the purposes of this section by—

a

the Secretary of State, in relation to bodies in England, or

b

the National Assembly for Wales, in relation to bodies in Wales.