{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/section-6",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/section-6.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "section/6",
  "kind": "section",
  "number": "6",
  "heading": "Section 5 acts: limitations",
  "text": "(1) If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied.\n(2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.\n(3) The second is that the act is a proportionate response to—\n(a) the likelihood of P's suffering harm, and\n(b) the seriousness of that harm.\n(4) For the purposes of this section D restrains P if he—\n(a) uses, or threatens to use, force to secure the doing of an act which P resists, or\n(b) restricts P's liberty of movement, whether or not P resists.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by—\n(a) a donee of a lasting power of attorney granted by P, or\n(b) a deputy appointed for P by the court.\n(7) But nothing in subsection (6) stops a person—\n(a) providing life-sustaining treatment, or\n(b) doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition,\nwhile a decision as respects any relevant issue is sought from the court.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 6(5) repealed (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50(4)(a), 55, 56, Sch. 11 Pt. 10; S.I. 2009/139, art. 2(b)(f) (with art. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/section/6",
    "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."
}