Part 1Persons who lack capacity
Preliminary
6Section 5 acts: limitations
1
If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied.
2
The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.
3
The second is that the act is a proportionate response to—
a
the likelihood of P's suffering harm, and
b
the seriousness of that harm.
4
For the purposes of this section D restrains P if he—
a
uses, or threatens to use, force to secure the doing of an act which P resists, or
b
restricts P's liberty of movement, whether or not P resists.
5
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by—
a
a donee of a lasting power of attorney granted by P, or
b
a deputy appointed for P by the court.
7
But nothing in subsection (6) stops a person—
a
providing life-sustaining treatment, or
b
doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition,
while a decision as respects any relevant issue is sought from the court.