New clause 7 - Cases where informal treatment for mental disorder not available
Mental Capacity Bill
Public Bill Committees, 28 October 2004, 2:30 pm
'(1) This section applies where it appears to the responsible clinician that the conditions specified in subsection (3) are met in P's case.
(2) The responsible clinician must ensure that, for so long as those conditions appear to him to be met, treatment for mental disorder is not given to P, except in a case of urgency, unless it is authorised by or under Part II of the Mental Health Act 1983.
(3) The conditions are that—
(a) P is not capable of consenting to the treatment by virtue of a lack of capacity within the meaning of section 2 and there is no reasonable prospect that he will become capable of doing so, and
(l) he either—
(i) would resist the treatment if given, or
(ii) is at substantial risk of committing suicide or causing serious harm to other persons.
(4) For the purposes of this section, it is to be assumed that if P has at any time indicated that he does not want to receive treatment for mental disorder or particular treatment, he would resist such treatment.'.