Search Legislation

Mental Capacity (Amendment) Act 2019

Status:

This is the original version (as it was originally enacted).

2Deprivation of liberty: authorisation of steps necessary for life-sustaining treatment or vital act

This section has no associated Explanatory Notes

For section 4B of the Mental Capacity Act 2005 substitute—

4BDeprivation of liberty necessary for life-sustaining treatment or vital act

(1)If Conditions 1 to 4 are met, D is authorised to take steps which deprive P of liberty.

(2)Condition 1 is that the steps—

(a)are wholly or partly for the purpose of giving P life-sustaining treatment or doing any vital act, or

(b)consist wholly or partly of giving P life-sustaining treatment or doing any vital act.

(3)A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P’s condition.

(4)Condition 2 is that the steps are necessary in order to give the life-sustaining treatment or do the vital act.

(5)Condition 3 is that D reasonably believes that P lacks capacity to consent to D taking the steps.

(6)Condition 4 is that—

(a)subsection (7) applies, or

(b)there is an emergency.

(7)This subsection applies if—

(a)a decision relevant to whether D is authorised to deprive P of liberty is being sought from the court, or

(b)a responsible body is carrying out functions under Schedule AA1 with a view to determining whether to authorise arrangements that give rise to a deprivation of P’s liberty.

(8)In subsection (7) it does not matter—

(a)whether the decision mentioned in paragraph (a) relates to the steps mentioned in subsection (1);

(b)whether the arrangements mentioned in paragraph (b) include those steps.

(9)There is an emergency if D reasonably believes that—

(a)there is an urgent need to take the steps mentioned in subsection (1) in order to give the life-sustaining treatment or do the vital act, and

(b)it is not reasonably practicable before taking those steps—

(i)to make an application for P to be detained under Part 2 of the Mental Health Act,

(ii)to make an application within subsection (7)(a), or

(iii)to secure that action within subsection (7)(b) is taken.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources