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Mental Capacity Act 2005
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- UK Public General Acts
- 2005 c. 9
- Part 1
- Preliminary
- Section 4B
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Changes over time for: Section 4B
Version Superseded: 16/05/2019
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- 01/04/2009- Amendment
- 01/12/2017
Point in time - 16/05/2019- Amendment
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Mental Capacity Act 2005, Section 4B is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F14BDeprivation of liberty necessary for life-sustaining treatment etcE+W
This section has no associated Explanatory Notes
(1)If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.
(2)The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.
(3)The second condition is that the deprivation of liberty—
(a)is wholly or partly for the purpose of—
(i)giving P life-sustaining treatment, or
(ii)doing any vital act, or
(b)consists wholly or partly of—
(i)giving P life-sustaining treatment, or
(ii)doing any vital act.
(4)The third condition is that the deprivation of liberty is necessary in order to—
(a)give the life-sustaining treatment, or
(b)do the vital act.
(5)A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition.]
Textual Amendments
F1Ss. 4A, 4B inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50(2), 56; S.I. 2009/139, art. 2(b) (with art. 3)
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