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← Mental Capacity Act 2005

Mental Capacity Act 2005 s 28

Mental Capacity Act 2005 s 28

s 28 Mental Health Act matters

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

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