# Mental Capacity Act 2005, Section 28: Mental Health Act matters

Extent: E+W

(1) Nothing in this Act authorises anyone—
(a) to give a patient medical treatment for mental disorder, or
(b) to consent to a patient's being given medical treatment for mental disorder,
if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act.
(1A) Subsection (1) does not apply in relation to any form of treatment to which section 58A of that Act (electro-convulsive therapy, etc.) applies if the patient comes within subsection (7) of that section (informal patient under 18 who cannot give consent).
(1B) Section 5 does not apply to an act to which section 64B of the Mental Health Act applies (treatment of community patients not recalled to hospital).
(2) “Medical treatment”, “mental disorder” and “patient” have the same meaning as in that Act.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/section/28 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/section-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.