New clause 8 - Duty to determine whether P is to be assessed
Mental Capacity Bill
2:30 pm

(1) The Secretary of State must, if requested to do so by any person, determine whether the conditions specified in section E (2) to (7) appear to be met in P's case.

(2) If the Secretary of State determines that those conditions appear to be so met, he must, as soon as practicable after making the determination—

(a) appoint a responsible clinician to act in respect of P for the purposes of this Part, and

(b) secure that P is assessed under section E by the responsible clinician.'.—

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