299 Certificate of consent of community patients to treatment
Health and Social Care Act 2012 (2012 c 7) | Legislation

Supervised community treatment under the Mental Health Act 1983

299  Certificate of consent of community patients to treatment

(1)     Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as follows.

(2)     In section 64C (treatment of adult community patients), after subsection (4) insert—

“(4A)     Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the patient has capacity to consent to the treatment and has consented to it.

(4B)     But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type treatment.”

(3)     In section 64E (treatment of child community patients), in subsection (7)—

(a)     for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and

(b)     at the end insert

“; and for the purpose of this subsection, subsection (4A) of section 64C

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