View source for SOAD certificate becomes invalid when patient loses or gains capacity

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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 In both cases the certificate is no longer valid.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==
{{mha change info|3/11/08|7|29|[[s60]]}}

==Resources==

[[Mental Health Act 2007 Explanatory Notes]] - page 19

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