Legislation – Mental Health Act 2025

“(5)

A patient falls within this subsection if—

(a)

the patient lacks capacity to consent to the treatment and the giving of the treatment would not conflict with—

(i)

any valid and applicable advance decision, or

(ii)

any decision of a donee or deputy or the Court of Protection, and

(b)

a second opinion appointed doctor has certified in writing—

(i)

that the patient lacks capacity to consent to the treatment,

(ii)

that the treatment constitutes appropriate medical treatment, and

(iii)

that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A.”