Textual Amendments
F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )
3(1)This paragraph applies to any act which a person (āDā) does for the purpose of detaining P as mentioned in paragraph 1(2).E+W
(2)D does not incur any liability in relation to the act that he would not have incurred if Pā
(a)had had capacity to consent in relation to D's doing the act, and
(b)had consented to D's doing the act.]