In section 131 of the 1983 Act (informal admission of patients), for subsection (2) substitute—
“(2)Subsections (3) and (4) below apply in the case of a patient aged 16 or 17 years who has capacity to consent to the making of such arrangements as are mentioned in subsection (1) above.
(3)If the patient consents to the making of the arrangements, they may be made, carried out and determined on the basis of that consent even though there are one or more persons who have parental responsibility for him.
(4)If the patient does not consent to the making of the arrangements, they may not be made, carried out or determined on the basis of the consent of a person who has parental responsibility for him.
(5)In this section—
(a)the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; and
(b)“parental responsibility” has the same meaning as in the Children Act 1989.”