F2Part 4ATreatment of community patients not recalled to hospital
64FF1Child community patients lacking competence
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.
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.)