Section 64B Adult community patientsF1

England and Wales

(1)

This section applies to the giving of relevant treatment to a community patient who—

(a)

is not recalled to hospital under section 17E above; and

(b)

has attained the age of 16 years.

(2)

The treatment may not be given to the patient unless—

(a)

there is authority to give it to him; and

(b)

if it is section 58 type treatment or section 58A type treatment, the certificate requirement is met.

(3)

But the certificate requirement does not apply if—

(a)

giving the treatment to the patient is authorised in accordance with section 64G below; or

(b)

the treatment is immediately necessary and—

(i)

the patient has capacity to consent to it and does consent to it; or

(ii)

a donee or deputy or the Court of Protection consents to the treatment on the patient's behalf.

(4)

Nor does the certificate requirement apply in so far as the administration of medicine to the patient at any time during the period of one month beginning with the day on which the community treatment order is made is section 58 type treatment.

(5)

The reference in subsection (4) above to the administration of medicine does not include any form of treatment specified under section 58(1)(a) above.

Annotations

Textual amendments

F1: Pt. 4A (ss. 64A-64K) inserted (1.4.2008 for s. 64H for certain purposes, otherwise 3.11.2008 for ss. 64A-64K) by Mental Health Act 2007 (c. 12) , ss. 35(1) , 56 (with Sch. 10 ); S.I. 2008/745 , arts. 2(d), 3(e); S.I. 2008/1900 , art. 2(k) (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)