New clause 19 - Refusal of a request for review
Mental Capacity Bill
Public Bill Committees, 28 October 2004, 2:30 pm
'(1) If the responsible clinician refuses a request under section M(4) for a review, he must, if required to do so by P or his advocate or representative, refer his decision to a member of the Expert Panel who is a registered medical practitioner (the ''medical adviser'').
(2) If, on a reference under subsection (1), the medical adviser decides that the review ought to be carried out, the responsible clinician may either—
(a) carry out the review, or
(b) apply to the court.
(3) If—
(a) the responsible clinician fails to make a reference under subsection (1),
(b) the medical adviser agrees, on a reference under that subsection, with the decision not to carry out the review, or
(c) the responsible clinician fails to act in accordance with subsection (2),
P may apply to the court.
(4) On an application under subsection (2)(b) or (3), the court must determine either—
(a) that the responsible clinician must carry out the review, or
(b) that he is not required to carry out the review.'.