PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
Requirements to attend for treatment with serious consequences
28Requirements to attend for certain treatment
1
This section applies where the act mentioned in section 9(1) is—
a
the imposition on P of a requirement to attend at a particular place at particular times or intervals for the purpose of being given treatment that would or might be treatment with serious consequences (an “attendance requirement”); or
b
an act done for the purpose of ensuring that P complies with an attendance requirement.
2
Section 9(2) (protection from liability) applies to the act only if—
a
the requirement is authorised; and
b
the receipt of treatment condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.
3
Subsection (2)(a) does not apply where the situation is an emergency (see section 65).
4
For the purposes of subsection (2)(a) the requirement is “authorised” if, at the time the act is done, there is in force an authorisation granted under Schedule 1 which permits that requirement to be imposed.
5
The receipt of treatment condition is that at the time the act is done D reasonably believes that—
a
failure to impose the requirement, or
b
where the requirement is already imposed, failure to ensure that P complies with the requirement,
would be more likely than not to result in P's not receiving the treatment.