PART 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 1

PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS

General limitations on section 9
10
1
Section 9 does not exclude—
a
civil liability for loss or damage resulting from a person's negligence in doing an act; or
b
criminal liability resulting from such negligence.
2
Section 9 does not apply in relation to an act which is, or is done in the course of, psychosurgery.
3
Section 9 does not apply in relation to an act that conflicts with a decision concerning the care, treatment or personal welfare of a person (“P”) which—
a
is made in accordance with this Act by an attorney under a lasting power of attorney granted by P and is within the scope of the attorney's authority; or
b
is made in accordance with this Act by a deputy appointed for P by the court and is within the scope of the deputy's authority.
4
Nothing in subsection (3) prevents a person from—
a
providing life-sustaining treatment, or
b
doing an act which the person 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.
5
The Department may by regulations amend subsection (2) so as to extend the descriptions of treatment to which section 9 does not apply.
S. 10(1) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)