PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 5ADDITIONAL SAFEGUARD: INDEPENDENT MENTAL CAPACITY ADVOCATE

36Section 35: relevant acts

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.