Section 2 — Deprivation of liberty: authorisation of steps necessary for life-sustaining treatment or vital act

For section 4B of the Mental Capacity Act 2005 substitute—Deprivation of liberty necessary for life-sustaining treatment or vital act4B (1) If Conditions 1 to 4 are met, D is authorised to take steps which deprive P of liberty. (2) Condition 1 is that the steps— (a) are wholly or partly for the purpose of giving P life-sustaining treatment or doing any vital act, or (b) consist wholly or partly of giving P life-sustaining treatment or doing any vital act. (3) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition. (4) Condition 2 is that the steps are necessary in order to give the life-sustaining treatment or do the vital act. (5) Condition 3 is that D reasonably believes that P lacks capacity to consent to D taking the steps. (6) Condition 4 is that— (a) subsection (7) applies, or (b) there is an emergency. (7) This subsection applies if— (a) a decision relevant to whether D is authorised to deprive P of liberty is being sought from the court, or (b) a responsible body is carrying out functions under Schedule AA1 with a view to determining whether to authorise arrangements that give rise to a deprivation of P's liberty. (8) In subsection (7) it does not matter— (a) whether the decision mentioned in paragraph (a) relates to the steps mentioned in subsection (1); (b) whether the arrangements mentioned in paragraph (b) include those steps. (9) There is an emergency if D reasonably believes that— (a) there is an urgent need to take the steps mentioned in subsection (1) in order to give the life-sustaining treatment or do the vital act, and (b) it is not reasonably practicable before taking those steps— (i) to make an application for P to be detained under Part 2 of the Mental Health Act, (ii) to make an application within subsection (7)(a), or (iii) to secure that action within subsection (7)(b) is taken.