Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 13 July 2020 at 03:44) Current version
Chapter 4 Part 3 Section 100
100   Director-General may consent to surgery
(1)  An authorised medical officer may apply to the Director-General for consent to the performance of a surgical operation on an involuntary patient.
(2)  An application is to be made to the Director-General if the primary carer of the patient agrees, in writing, to the performance of the surgical operation.
(3)  On an application, the Director-General may consent to the performance of a surgical operation on an involuntary patient (other than a forensic patient or correctional patient not suffering from a mental illness) if of the opinion that:
(a)  the patient is incapable of giving consent to the operation or is capable of giving consent but refuses to give that consent or neither gives nor refuses to give that consent, and
(b)  it is desirable, having regard to the interests of the patient, to perform the surgical operation on the patient.
(4)  On an application, the Director-General may consent to the performance of a surgical operation on a voluntary patient or a forensic patient or correctional patient not suffering from a mental illness if the Director-General is of the opinion that:
(a)  the patient is incapable of giving consent to the operation, and
(b)  it is desirable, having regard to the interests of the patient, to perform the surgical operation on the patient.
(5)  An application must be made not earlier than 14 days after notice of the proposed application is given under section 78, but may be made sooner if:
(a)  the authorised medical officer is of the opinion that the urgency of the circumstances requires an earlier determination of the matter, or
(b)  the person notified indicates that the person does not object.
(6)  The consent is to be in writing and signed by the person giving the consent.