View source for MCA s6 text

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'''Section 5 acts: limitations'''
 
6.—(1) If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied.
 
(2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.
 
(3) The second is that the act is a proportionate response to-
 
:(a) the likelihood of P's suffering harm, and

:(b) the seriousness of that harm.

(4) For the purposes of this section D restrains P if he-
 
:(a) uses, or threatens to use, force to secure the doing of an act which P resists, or

:(b) restricts P's liberty of movement, whether or not P resists.

(5) [...]<ref>[[Mental Health Act 2007]] s50; [[Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009]] wef 1/4/09; omitting "But D does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention (whether or not D is a public authority)"</ref>
 
(6) Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by-
 
:(a) a donee of a lasting power of attorney granted by P, or

:(b) a deputy appointed for P by the court.

(7) But nothing in subsection (6) stops a person-
 
:(a) providing life-sustaining treatment, or

:(b) doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition,

while a decision as respects any relevant issue is sought from the court.

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