# Mental Capacity Act 2005, Paragraph 3


(1) This paragraph applies to any act which a person (“D”) does for the purpose of detaining P as mentioned in paragraph 1(2).
(2) D does not incur any liability in relation to the act that he would not have incurred if P—
(a) had had capacity to consent in relation to D's doing the act, and
(b) had consented to D's doing the act.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/A1/paragraph/3 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-A1/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.