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MCA s28 text: Difference between revisions

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'''Mental Health Act matters'''
'''Mental Health Act matters'''
   
   
(1) Nothing in this Act authorises anyone-
28.—(1) Nothing in this Act authorises anyone-
   
   
:(a) to give a patient medical treatment for mental disorder, or
:(a) to give a patient medical treatment for mental disorder, or
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if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.
if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.
   
   
[(1A)  Subsection (1) does not apply in relation to any form of treatment to which section 58A of that Act (electro-convulsive therapy, etc.) applies if the patient comes within subsection (7) of that section (informal patient under 18 who cannot give consent).]<ref name="MHA">[[Mental Health Act 2007]] sch 10 & s35, wef 3/11/08</ref>
[(1B)  Section 5 does not apply to an act to which section 64B of the Mental Health Act applies (treatment of community patients not recalled to hospital).]<ref name="MHA"/>
(2) "Medical treatment", "mental disorder" and "patient" have the same meaning as in that Act.
(2) "Medical treatment", "mental disorder" and "patient" have the same meaning as in that Act.


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Latest revision as of 22:50, 5 August 2015

Mental Health Act matters

28.—(1) Nothing in this Act authorises anyone-

(a) to give a patient medical treatment for mental disorder, or
(b) to consent to a patient's being given medical treatment for mental disorder,

if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.

[(1A) Subsection (1) does not apply in relation to any form of treatment to which section 58A of that Act (electro-convulsive therapy, etc.) applies if the patient comes within subsection (7) of that section (informal patient under 18 who cannot give consent).][1]

[(1B) Section 5 does not apply to an act to which section 64B of the Mental Health Act applies (treatment of community patients not recalled to hospital).][1]

(2) "Medical treatment", "mental disorder" and "patient" have the same meaning as in that Act.

Amendments

  1. Jump up to: 1.0 1.1 Mental Health Act 2007 sch 10 & s35, wef 3/11/08