On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/03/2010.
PART III
ACTS IN CONNECTION WITH CARE OR TREATMENT
7.
—(1) If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if —
(a)
before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question; and
(b)
when doing the act, D reasonably believes —
(i)
that P lacks capacity in relation to the matter; and
(ii)
that it will be in P’s best interests for the act to be done.
(2) D does not incur any liability in relation to the act that he would not have incurred if P —
(a)
had had capacity to consent in relation to the matter; and
(b)
had consented to D’s doing the act.
(3) Nothing in this section —
(a)
excludes a person’s civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act;
(b)
affects the operation of the Advance Medical Directive Act (Cap. 4A); or
(c)
applies to the conduct of a clinical trial.
[UK MCA 2005, s. 5]
8.
—(1) If D does an act that is intended to restrain P, it is not an act to which section 7 applies unless 2 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 condition 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) Section 7 does not authorise a person to do an act which is inconsistent with a decision made, within the scope of the authority of, and in accordance with this Act, by —
(a)
a donee of a lasting power of attorney granted by P; or
(b)
a deputy appointed for P by the court.
[UK MCA 2005, s. 6]
9.
—(1) If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, he must pay a reasonable price for them.
(2) In subsection (1), “necessary” means suitable to a person’s condition in life and to his actual requirements at the time when the goods or services are supplied.
[UK MCA 2005, s. 7]
10.
—(1) If an act to which section 7 applies involves expenditure for necessary goods or services within the meaning of section 9, it is lawful for D to apply money in P’s actual possession for meeting the expenditure.
(2) If the expenditure is borne for P by D, it is lawful for D —
(a)
to reimburse himself out of money in P’s actual possession; or
(b)
to be otherwise indemnified by P.
(3) Subsections (1) and (2) do not affect any power under which (apart from those subsections) a person —
(a)
has lawful control of P’s money or other property; and
(b)
has power to spend money for P’s benefit.
[UK MCA 2005, s. 8]