# Mental Capacity Act 2005, Paragraph 51


(1) This paragraph applies if the following conditions are met.
(2) Condition 1 is that—
(a) an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and
(b) P could be detained in a hospital in pursuance of such an application, were one made.
(3) Condition 2 is that P is not subject to any of these—
(a) the hospital treatment regime;
(b) a community treatment order under section 17A of the Mental Health Act;
(c) a guardianship application under section 7 of the Mental Health Act;
(d) a guardianship order under section 37 of the Mental Health Act;
(e) anything which has the same effect as something within paragraph (b), (c) or (d), under another England and Wales enactment.
(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.
(5) Condition 4 is that P objects—
(a) to being accommodated in a hospital for that purpose, or
(b) to being given some or all of that treatment.
(6) Condition 5 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.
(7) For provision about determining whether P objects see paragraph 52.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/AA1/paragraph/51 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-AA1/paragraph-51
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.