New clause 10 - Assessment for safeguards
Mental Capacity Bill
2:30 pm
'(1) The assessment of P under this section is for the purpose of determining whether the conditions specified in subsection (2) to (7) are met in P's case.
(2) The first condition is that P is aged 16 or over.
(3) The second condition is that P is suffering from a mental disorder within the meaning of section 1(1) of the Mental Health Act 1983.
(4) The third condition is that that mental disorder is of such a nature of degree as to warrant the provision of medical treatment to P.
(5) The fourth condition is that P is a resident patient at a hospital for the provision of treatment to him.
(6) The fifth condition is P is not capable of consenting to the treatment.
(7) the sixth condition is that the treatment can lawfully be provided to P without P being subject to the provisions of Part II of the Mental Health Act 1983.
(8) If the responsible clinician determines that any of those conditions is not met in P's case, P ceases to be a qualifying patient.'.