Valid from 03/11/2008
[F1[F264FChild community patients lacking competenceU.K.
(1)A person is authorised to give relevant treatment to a patient as mentioned in section 64E(6)(b) above if the conditions in subsections (2) to (5) below are met.
(2)The first condition is that, before giving the treatment, the person takes reasonable steps to establish whether the patient is competent to consent to the treatment.
(3)The second condition is that, when giving the treatment, he reasonably believes that the patient is not competent to consent to it.
(4)The third condition is that—
(a)he has no reason to believe that the patient objects to being given the treatment; or
(b)he does have reason to believe that the patient so objects, but it is not necessary to use force against the patient in order to give the treatment.
(5)The fourth condition is that—
(a)he is the person in charge of the treatment and an approved clinician; or
(b)the treatment is given under the direction of that clinician.]]
Textual Amendments
F1 Pt. 4A (ss. 64A-64K) inserted (1.4.2008 for s. 64H for certain purposes, otherwise 3.11.2008 for ss. 64A-64K) by Mental Health Act 2007 (c. 12) , ss. 35(1) , 56 (with Sch. 10 ); S.I. 2008/745 , arts. 2(d), 3(e); S.I. 2008/1900 , art. 2(k) (with art. 3, Sch.)
F2Pt. 4A (ss. 64A-64K) inserted (1.4.2008 for s. 64H for certain purposes, otherwise 3.11.2008 for ss. 64A-64K ) by Mental Health Act 2007 (c. 12), ss. 35(1), 56 (with Sch. 10); S.I. 2008/745, {arts. 2(d), 3(e)}; S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)