Section 60 Withdrawal of consent.

England and Wales

(1)

Where the consent of a patient to any treatment has been given for the purposes of section 57 F1, 58 or 58A above, the patient may, subject to section 62 below, at any time before the completion of the treatment withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.

F2(1A)

Subsection (1B) below applies where—

(a)

the consent of a patient to any treatment has been given for the purposes of section 57, 58 or 58A above; but

(b)

before the completion of the treatment, the patient ceases to be capable of understanding its nature, purpose and likely effects.

(1B)

The patient shall, subject to section 62 below, be treated as having withdrawn his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.

(1C)

Subsection (1D) below applies where—

(a)

a certificate has been given under section 58 or 58A above that a patient is not capable of understanding the nature, purpose and likely effects of the treatment to which the certificate applies; but

(b)

before the completion of the treatment, the patient becomes capable of understanding its nature, purpose and likely effects.

(1D)

The certificate shall, subject to section 62 below, cease to apply to the treatment and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.

(2)

Without prejudice to the application of F3subsections (1) to (1D) above to any treatment given under the plan of treatment to which a patient has consented, a patient who has consented to such a plan may, subject to section 62 below, at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan.

Annotations

Textual amendments

F1: Words in s. 60 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
F2: S. 60(1A)-(1D) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 29(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
F3: Words in s. 60(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 29(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)

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)