{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/schedule-1A/paragraph-5",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/schedule-1A/paragraph-5.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "schedule/1A/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) This paragraph applies in cases D and E in the table in paragraph 2.\n(2) P is ineligible if the following conditions are met.\n(3) The first condition is that the relevant instrument authorises P to be a mental health patient.\n(4) The second condition is that P objects—\n(a) to being a mental health patient, or\n(b) to being given some or all of the mental health treatment.\n(5) The third condition is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.\n(6) In determining whether or not P objects to something, regard must be had to all the circumstances (so far as they are reasonably ascertainable), including the following—\n(a) P's behaviour;\n(b) P's wishes and feelings;\n(c) P's views, beliefs and values.\n(7) But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1A inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 8 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(d) (with art. 3)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ukpga/2019/18",
      "affecting_title": "Mental Capacity (Amendment) Act 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/schedule/1A/paragraph/5",
    "retrieved_at": "2026-10-29T09:16:24.228713+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}