Mental Capacity Act 2005
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Change 1
6 Section 5 acts: limitations
(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. (2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P. (3) The second is that the act is a proportionate response to— (a) the likelihood of P's suffering harm, and (b) the seriousness of that harm. (4) For the purposes of this section D restrains P if he— (a) uses, or threatens to use, force to secure the doing of an act which P resists, or (b) restricts P's liberty of movement, whether or not P resists. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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— (a) a donee of a lasting power of attorney granted by P, or (b) a deputy appointed for P by the court. (7) But nothing in subsection (6) stops a person— (a) providing life-sustaining treatment, or (b) doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition, while a decision as respects any relevant issue is sought from the court.
6 Section 5 acts: limitations
(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. (2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P. (3) The second is that the act is a proportionate response to— (a) the likelihood of P's suffering harm, and (b) the seriousness of that harm. (4) For the purposes of this section D restrains P if he— (a) uses, or threatens to use, force to secure the doing of an act which P resists, or (b) restricts P's liberty of movement, whether or not P resists. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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— (a) a donee of a lasting power of attorney granted by P, or (b) a deputy appointed for P by the court. (7) But nothing in subsection (6) stops a person— (a) providing life-sustaining treatment, or (b) doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition, while a decision as respects any relevant issue is sought from the court.
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