Mental Health Act 1983

57 Treatment requiring consent and a second opinion. E+W

(1) This section applies to the following forms of medical treatment for mental disorder—

(a) any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue; and

(b) such other forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State.

(2) Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless he has consented to it and—

(a) a registered medical practitioner appointed for the purposes of this Part of this Act by [F1 the regulatory authority](not being the [F2 responsible clinician (if there is one) or the person in charge of the treatment in question]) and two other persons appointed for the purposes of this paragraph by [F1 the regulatory authority](not being registered medical practitioners) have certified in writing that the patient is capable of understanding the nature, purpose and likely effects of the treatment in question and has consented to it; and

(b) the registered medical practitioner referred to in paragraph (a) above has certified in writing that [F3 it is appropriate for the treatment to be given.]

(3) Before giving a certificate under subsection (2)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment [F4 but, of those persons—

(a) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and

(b) neither shall be the responsible clinician (if there is one) or the person in charge of the treatment in question.]

(4) Before making any regulations for the purpose of this section the Secretary of State shall consult such bodies as appear to him to be concerned.

Textual Amendments

F1 Words in s. 57(2)(a) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 2; S.I. 2009/462, art. 2, Sch. 1 para. 33

F2 Words in s. 57(2)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F3 Words in s. 57(2)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 6(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F4 Words in s. 57(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

Modifications etc. (not altering text)

C1 S. 57(2)(a): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(a), 170 (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 20