SCHEDULES

[F1 SCHEDULE AA1 U.K. Deprivation of liberty: authorisation of arrangements enabling care and treatment

Textual Amendments

F1 Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 7 U.K. Excluded arrangements: mental health

Kinds of mental health arrangements U.K.

46 U.K. For the purposes of this Schedule arrangements in relation to a person (“P”) are “mental health arrangements” if paragraph 47, 48, 49, 50 or 51 applies.

47 U.K. This paragraph applies if—

(a) P is subject to the hospital treatment regime, and

(b) P is detained in a hospital under that regime.

48 U.K. This paragraph applies if—

(a) P is subject to the hospital treatment regime,

(b) P is not detained in a hospital under that regime, and

(c) the arrangements are for enabling medical treatment for mental disorder in a hospital.

49 U.K. This paragraph applies if P is subject to—

(a) a community treatment order under section 17A of the Mental Health Act, or

(b) anything which has the same effect, under another England and Wales enactment,

and the arrangements are for enabling medical treatment for mental disorder in a hospital.

50 (1) This paragraph applies if the following conditions are met. U.K.

(2) Condition 1 is that P is subject to—

(a) a guardianship application under section 7 of the Mental Health Act,

(b) a guardianship order under section 37 of that Act, or

(c) anything which has the same effect as something within paragraph (a) or (b), under another England and Wales enactment.

(3) Condition 2 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.

(4) Condition 3 is that P objects—

(a) to being accommodated in a hospital for that purpose, or

(b) to being given some or all of that treatment.

(5) Condition 4 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.

(6) For provision about determining whether P objects see paragraph 52.

51 (1) This paragraph applies if the following conditions are met. U.K.

(2) Condition 1 is that—

(a) an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and

(b) P could be detained in a hospital in pursuance of such an application, were one made.

(3) Condition 2 is that P is not subject to any of these—

(a) the hospital treatment regime;

(b) a community treatment order under section 17A of the Mental Health Act;

(c) a guardianship application under section 7 of the Mental Health Act;

(d) a guardianship order under section 37 of the Mental Health Act;

(e) anything which has the same effect as something within paragraph (b), (c) or (d), under another England and Wales enactment.

(4) Condition 3 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.

(5) Condition 4 is that P objects—

(a) to being accommodated in a hospital for that purpose, or

(b) to being given some or all of that treatment.

(6) Condition 5 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.

(7) For provision about determining whether P objects see paragraph 52.

52 (1) In determining whether P objects, regard must be had to all the circumstances (so far as they are reasonably ascertainable), including the following— U.K.

(a) P's behaviour;

(b) P's wishes and feelings;

(c) P's views, beliefs and values.

(2) But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them.]