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 In both cases the certificate is no longer valid.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
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal detaining sections
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Sections 47, 48 and 49: transferred prisoners
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
- Mental Health Tribunal
- Tribunal Rules
- Preliminary legal points
- Tribunal eligibility
- Commentary on some FTT rules
- Overriding objective (MHT)
- Applications (MHT)
- Parties (MHT)
- Representatives (MHT)
- Notice of proceedings, and listing (MHT)
- Medical examination (MHT)
- Remote hearings (MHT)
- Disposal without hearing (MHT)
- Hearing in a party’s absence (MHT)
- Decisions by a single judge (MHT)
- Reports (MHT)
- Evidence (MHT)
- Non-disclosure of documents and information (MHT)
- Directions (MHT)
- Adjournment and postponement (MHT)
- Withdrawal (MHT)
- Reinstatement (MHT)
- Decisions (MHT)
- Public hearing (MHT)
- Wasted costs (MHT)
- Appealing against a tribunal decision (MHT)
- Mandatory and discretionary references
- Nearest relative
- Patients who have a nearest relative
- Identification of nearest relative
- Nearest relative powers
- Changing the nearest relative
- Nearest relative - miscellaneous
- Legal Aid
- Contracts
- Main types of funding
- Legal Aid eligibility
- The scheme
- Other pages
- Legal Aid archive
- International law
- Changes made by MHA 2007
- 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
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
- Coronavirus
- Courts
- Forms
- General information pages
- Children and mental health law
- Civil restraint order
- Complaints procedure
- Consultations
- Electronic signatures
- Euthanasia and assisted suicide
- Ian Brady
- Independent investigations
- Jury service
- Leave of absence
- Mental disorder and driving
- Ministry of Justice
- Miscellaneous external links
- Murder
- Newsletters
- Nuisance or disturbance on hospital premises
- Power to specify hospital units
- Public tribunal hearings
- Repatriation
- Reports to Prevent Future Deaths
- Smoking
- Summary of routes to discharge
- Summary of types of detention
- Transfer
- Victims of crime
- Victims' rights to make representations and receive information
- Voting rights for detained patients
- Welfare benefits
- Glossary pages
- Glossary
- Key sources of information
- Other glossary pages
- Adult Social Care
- Advance decision
- Application of MHA 1983 to Armed Forces
- Barring order
- Brief glossary
- British National Formulary
- Care Programme Approach
- Compulsory treatment
- Displacement proceedings
- Enduring Power of Attorney
- Extra-statutory recommendations
- Guardianship
- High secure hospital
- Home Office Circulars
- IPP
- Judicial review
- Judicial review pre-action protocol
- Lasting Power of Attorney
- Learning disability
- Mental disorder
- Part 36
- Prison law
- Recall
- Recommendations
- Responsible authority
- Sexual Harm Prevention Order
- Professionals
- Types of detention
- Types of discharge
- Types of patient
- Legislation overviews
- Mental capacity law
- Organisations
- Administrative Justice and Tribunals Council
- All Party Parliamentary Group on Legal Aid
- Care and Social Services Inspectorate Wales
- Care Services Improvement Partnership
- Civil Contracts Consultative Group
- Commission for Social Care Inspection
- Community Care (company)
- Court of Protection User Group
- Crown Prosecution Service
- Department of Health and Social Care
- Essex Mental Health Independent Inquiry
- European Union Agency for Fundamental Rights
- Family Law Week
- Fixated Threat Assessment Centre
- General Medical Council
- Gov.uk website
- Health Professions Council
- Healthcare Commission
- Healthcare Inspectorate Wales
- House of Lords Select Committee on the Mental Capacity Act 2005
- HUDOC
- International Classification of Diseases (ICD)
- International Journal of Mental Health and Capacity Law
- Joint Committee on the Draft Mental Health Bill
- Judiciary
- Law Commission
- Legal Ombudsman
- Legislation.gov.uk
- MAPPA
- Mental Health Act Commission
- Mental Health Lawyers Association
- National Confidential Inquiry into Suicide and Safety in Mental Health
- National Mental Health Development Unit
- National Policing Improvement Agency
- Office of Fair Trading
- Office of Public Sector Information
- Office of the Public Guardian
- Official Solicitor
- PPMHG
- Royal College of Psychiatrists
- Solicitors Regulation Authority
- Statute Law Database
- Tribunal Procedure Committee
- Venice Commission
- Care Quality Commission pages
- Charities
- Other jurisdictions
- Psychiatry
- Statistics
- The Law Society
- Things to sign up for
What links here:
The following category (in the blue box) can be clicked to view a list of other pages in the same category:
Hidden category: