Commentary on Sections Patients refusing consent or incapable of consenting Section 242: treatment not mentioned in section 234(2), 237(3) or 240(3)
453.Section 242 sets out conditions for the giving of medical treatment to patients to whom the giving of medical treatment is authorised by the 2003 Act or the 1995 Act where the treatment is not specified elsewhere in the Part as requiring particular safeguards.
454.The rules are set out in subsections (3) and (4). Those rules are, however, subject to the provisions mentioned in subsection (2).
455.Subsection (3) deals with patients who are capable of consenting and who consent in writing. Medical treatment for mental disorder may be given provided it is given by or under the direction of the responsible medical officer.
456.Subsection (4) deals with patients who are capable of consenting but do not consent or consent other than in writing and those incapable of consenting. Medical treatment can be given if the requirements in subsection (5) are met.