SCHEDULES

SCHEDULE 1Authorisation by panel of certain serious interventions

Part 2Applications for authorisation

Paragraph 2: meaning of “relevant treatment”

4

For the purposes of paragraph 2 treatment which is proposed to be provided to P is “relevant treatment” if—

a

it would or might be treatment with serious consequences (see section 21);

b

the applicant reasonably believes that P lacks capacity in relation to the treatment; and

c

either of the following applies—

i

P’s nominated person has reasonably objected to the proposal to provide the treatment and has not withdrawn that objection; or

ii

the applicant reasonably believes that it is likely that the provision of the treatment would be such that authorisation is needed by reason of section 20 (resistance etc by P to provision of certain treatment).