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Regulation 8 Mental incapacity

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Section 20(4)(b) of the Act (treatment justified where disabled person is incapable of entering into an enforceable agreement or giving informed consent) shall not apply where a disabled person is acting through another person by virtue of—

(a)

a power of attorney; or

(b)

functions conferred by or under Part VII of the Mental Health Act 1983f1; or

(c)

powers exercisable in Scotland in relation to the disabled person’s property or affairs in consequence of the appointment of a curator bonis, tutor or judicial factor.

Annotations

Footnotes

f1

1983 c. 20.