{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/schedule-AA1/paragraph-51",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/schedule-AA1/paragraph-51.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "schedule/AA1/paragraph/51",
  "kind": "paragraph",
  "number": "51",
  "heading": null,
  "text": "(1) This paragraph applies if the following conditions are met.\n(2) Condition 1 is that—\n(a) an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and\n(b) P could be detained in a hospital in pursuance of such an application, were one made.\n(3) Condition 2 is that P is not subject to any of these—\n(a) the hospital treatment regime;\n(b) a community treatment order under section 17A of the Mental Health Act;\n(c) a guardianship application under section 7 of the Mental Health Act;\n(d) a guardianship order under section 37 of the Mental Health Act;\n(e) anything which has the same effect as something within paragraph (b), (c) or (d), under another England and Wales enactment.\n(4) Condition 3 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.\n(5) Condition 4 is that P objects—\n(a) to being accommodated in a hospital for that purpose, or\n(b) to being given some or all of that treatment.\n(6) Condition 5 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.\n(7) For provision about determining whether P objects see paragraph 52.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/schedule/AA1/paragraph/51",
    "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."
}