{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/section-4B",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/section-4B.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "section/4B",
  "kind": "section",
  "number": "4B",
  "heading": "Deprivation of liberty necessary for life-sustaining treatment etc",
  "text": "(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.\n(2) The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.\n(3) The second condition is that the deprivation of liberty—\n(a) is wholly or partly for the purpose of—\n(i) giving P life-sustaining treatment, or\n(ii) doing any vital act, or\n(b) consists wholly or partly of—\n(i) giving P life-sustaining treatment, or\n(ii) doing any vital act.\n(4) The third condition is that the deprivation of liberty is necessary in order to—\n(a) give the life-sustaining treatment, or\n(b) do the vital act.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "ukpga/2019/18",
      "affecting_title": "Mental Capacity (Amendment) Act 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/section/4B",
    "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."
}