34   Application of Part

(1)  This Part applies to a patient:

(a)  who is of or above the age of 16 years, and

(b)  who is incapable of giving consent to the carrying out of medical or dental treatment.

(2)  In the event of an inconsistency between the provisions of this Part and the provisions of the Mental Health Act 2007 or the Mental Health (Forensic Provisions) Act 1990, the provisions of the Mental Health Act 2007 or the Mental Health (Forensic Provisions) Act 1990 prevail.