Safeguards Section 2: Authorisation of steps necessary for life-sustaining treatment or vital act
Section 2 amends section 4B of the MCA so as to provide express authority for a person to take steps to deprive another person of their liberty if four conditions are met (see subsections (2) to (6)). Broadly speaking, section 4B as amended gives authority to take steps to deprive a person of their liberty in three circumstances (see subsections (6) and (7)): (1) where a decision relevant to whether there is authority to deprive the person of liberty is being sought from a court; (2) where a responsible body is determining whether to authorise arrangements under Schedule AA1; or (3) in an emergency. An "emergency" is defined in subsection (9).
	In each situation the person must reasonably believe that the person to be deprived of liberty lacks the capacity to consent to the steps being taken (see subsection (5)). The deprivation of liberty must also be necessary either to provide the person with life-sustaining treatment or to prevent a serious deterioration in their condition (see subsections (2) to (4)). The authority in subsection (7)(b) to deprive a person of liberty while an authorisation is being sought under Schedule AA1 takes the place, in part, of the current provision within the DoLS system for urgent authorisations.