Part 1Persons who lack capacity

Excluded decisions

28Mental Health Act matters

(1)

Nothing in this Act authorises anyone—

(a)

to give a patient medical treatment for mental disorder, or

(b)

to consent to a patient’s being given medical treatment for mental disorder,

if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.

(2)

“Medical treatment”, “mental disorder” and “patient” have the same meaning as in that Act.