Section 58 Treatment requiring consent or a second opinion.
England and Wales
This section applies to the following forms of medical treatment for mental disorder—
such forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State;
the administration of medicine to a patient by any means (not being a form of treatment specified under paragraph (a) above or section 57 above F1or section 58A(1)(b) below) at any time during a period for which he is liable to be detained as a patient to whom this Part of this Act applies if three months or more have elapsed since the first occasion in that period when medicine was administered to him by any means for his mental disorder.
The Secretary of State may by order vary the length of the period mentioned in subsection (1)(b) above.
Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless—
he has consented to that treatment and either the F2approved clinician in charge of it or a registered medical practitioner appointed for the purposes of this Part of this Act by F3the regulatory authority has certified in writing that the patient is capable of understanding its nature, purpose and likely effects and has consented to it; or
a registered medical practitioner appointed as aforesaid (not being the F4responsible clinician or the approved clinician in charge of the treatment in question) has certified in writing that the patient is not capable of understanding the nature, purpose and likely effects of that treatment or F5being so capable has not consented to it but that F6it is appropriate for the treatment to be given.
Before giving a certificate under subsection (3)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment F7 but, of those persons—
one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and
neither shall be the responsible clinician or the approved clinician in charge of the treatment in question.
Before making any regulations for the purposes of this section the Secretary of State shall consult such bodies as appear to him to be concerned.
Annotations
Textual amendments
- F1
Words in s. 58(1)(b) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
- F2
Words in s. 58(3)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(3)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F3
Words in s. 58(3)(a) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 3; S.I. 2009/462, art. 2, Sch. 1 para. 33
- F4
Words in s. 58(3)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(3)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F5
Words in s. 58(3)(b) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
- F6
Words in s. 58(3)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 6(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F7
Words in s. 58(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(3)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
Modifications
- C1
S. 58(3)(a): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(b), 170 (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 20
Notes on the whole Act
Textual amendments
- F1
For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)