Section 186 Consent of child to medical examination or treatmentI1

(1)

Nothing in this Act prejudices any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment).

(2)

In particular, where—

(a)

under an order mentioned in subsection (3) any examination or treatment is arranged for the child, and

(b)

the child has the capacity mentioned in section 2(4) of the Age of Legal Capacity (Scotland) Act 1991,

the examination or treatment may be carried out only if the child consents to it.

(3)

Those orders are—

(a)

a child assessment order,

(b)

a child protection order,

(c)

a compulsory supervision order,

(d)

an interim compulsory supervision order,

(e)

a medical examination order.

Annotations

Commencement

I1: S. 186 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3