SOAD certificate becomes invalid when patient loses or gains capacity
A Part 4 certificate becomes invalid when (1) a patient who has consented subsequently loses capacity (ability to understand the nature, purpose and likely effects of the treatment) or (2) a patient who has been certified as lacking capacity gains capacity.
Extract from Explanatory Notes
Section 29: Withdrawal of consent
98. Section 29 of the 2007 Act amends section 60 of the 1983 Act (withdrawal of consent), which sets out the effect on a certificate issued under Part 4 of the 1983 Act by either the approved clinician in charge of the treatment or a SOAD when the patient, having given consent, withdraws that consent. The amendment clarifies the position when a patient who has been certified as unable to understand the nature, purpose and likely effects of the treatment becomes able to so understand. It also clarifies the position when a person, having consented, loses the ability to understand the nature, purpose and likely effects of the treatment. In both cases the certificate is no longer valid.
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | 29 | s60 |
Resources
Mental Health Act 2007 Explanatory Notes - page 19
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- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
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- Automatic reference scheme under s68 changed
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- SOAD certificate becomes invalid when patient loses or gains capacity
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