6Section 5 acts: limitations
(1)If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied.
(2)The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.
(3)The second is that the act is a proportionate response to—
(a)the likelihood of P’s suffering harm, and
(b)the seriousness of that harm.
(4)For the purposes of this section D restrains P if he—
(a)uses, or threatens to use, force to secure the doing of an act which P resists, or
(b)restricts P’s liberty of movement, whether or not P resists.
(5)But D does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention (whether or not D is a public authority).
(6)Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by—
(a)a donee of a lasting power of attorney granted by P, or
(b)a deputy appointed for P by the court.
(7)But nothing in subsection (6) stops a person—
(a)providing life-sustaining treatment, or
(b)doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P’s condition,
while a decision as respects any relevant issue is sought from the court.