Mental Health Act 20266
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Amendment of section 85 of Act of 2015 | ||
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227. Section 85 of the Act of 2015 is amended by the substitution of the following subsection for subsection (7): | ||
“(7) (a) Subject to paragraphs (b) and (c) and subsections (1) to (5), an advance healthcare directive shall, insofar as it is provided for by this Part, be complied with. | ||
(b) Where, in relation to an advance healthcare directive, at the time when it is proposed to treat the directive-maker concerned— | ||
(i) his or her treatment is regulated by Chapter 3 of Part 3 of the Act of 2026, or | ||
(ii) he or she is the subject of a conditional discharge under section 13A of the Criminal Law (Insanity) Act 2006 , | ||
the advance healthcare directive concerned shall be complied with in respect of the directive-maker concerned subject to paragraph (c) and subsections (1) to (5), and the provisions of Chapter 3 of Part 3 of the Act of 2026. | ||
(c) Notwithstanding paragraph (b), where a refusal of treatment set out in an advance healthcare directive by a directive-maker relates to the treatment of a physical illness not related to the amelioration of a mental disorder of the directive maker, the refusal shall be complied with.”. |