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.