Paragraph 4

Not yet in force

For the purposes of paragraph 2 treatment which is proposed to be provided to P is “relevant treatment” if—

(a)

it would or might be treatment with serious consequences (see section 21);

(b)

the applicant reasonably believes that P lacks capacity in relation to the treatment; and

(c)

either of the following applies—

(i)

P's nominated person has reasonably objected to the proposal to provide the treatment and has not withdrawn that objection; or

(ii)

the applicant reasonably believes that it is likely that the provision of the treatment would be such that authorisation is needed by reason of section 20 (resistance etc by P to provision of certain treatment).