SCHEDULES
SCHEDULE 1Authorisation by panel of certain serious interventions
Part 3The criteria for authorisation
Criteria for treatment
9
1
In relation to the provision to P of particular treatment, the criteria for authorisation are—
a
that P lacks capacity in relation to the treatment;
b
that it would be in P's best interests to have the treatment; and
c
if P's nominated person has reasonably objected to the proposal to provide the treatment and has not withdrawn that objection, that the prevention of serious harm condition is met.
2
The prevention of serious harm condition is—
a
that failure to provide the treatment to P would create a risk of serious harm to P or of serious physical harm to other persons; and
b
that carrying out the treatment would be a proportionate response to—
i
the likelihood of harm to P, or of physical harm to other persons; and
ii
the seriousness of the harm concerned.
3
Subsections (2) and (3) of section 22 (situations where there is a choice of treatments) apply for the purposes of sub-paragraph (2).