Section 4B Deprivation of liberty necessary for life-sustaining treatment etcF1

(1)

If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.

(2)

The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.

(3)

The second condition is that the deprivation of liberty—

(a)

is wholly or partly for the purpose of—

(i)

giving P life-sustaining treatment, or

(ii)

doing any vital act, or

(b)

consists wholly or partly of—

(i)

giving P life-sustaining treatment, or

(ii)

doing any vital act.

(4)

The third condition is that the deprivation of liberty is necessary in order to—

(a)

give the life-sustaining treatment, or

(b)

do the vital act.

(5)

A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition.

Annotations

Textual amendments

F1: Ss. 4A, 4B inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50(2), 56; S.I. 2009/139, art. 2(b) (with art. 3)

Notes on Part 1

Modifications

C1: Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)