PART 2

LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 5

ADDITIONAL SAFEGUARD: INDEPENDENT MENTAL CAPACITY ADVOCATE

Section 35: relevant acts
36
1
In section 35 “relevant act” means any of the following—
a
an act which amounts to a deprivation of P's liberty, or one of a number of acts that together amount to such a deprivation;
b
the imposition on P of a requirement to attend at a particular place at particular times or intervals for the purpose of being given treatment that would or might be treatment with serious consequences;
c
the imposition on P of a community residence requirement;
d
the provision of serious compulsory treatment;
e
a serious compulsory intervention not falling within paragraphs (a) to (d).
2
For the purposes of subsection (1)(d) an act is “the provision of serious compulsory treatment” if—
a
it is, or is done in the course of, the provision to P of treatment with serious consequences; and
b
the treatment is carried out despite a reasonable objection from P's nominated person or subsection (4) applies.
3
For the purposes of subsection (1)(e) an act is a “serious compulsory intervention” if—
a
it is, or is part of, a serious intervention; and
b
the intervention is carried out despite a reasonable objection from P's nominated person or subsection (4) applies.
4
This subsection applies if—
a
the act—
i
is resisted by P (see section 68); or
ii
is done while P is subject to an additional measure (see section 23); and
b
the circumstances are such as may be prescribed.