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Guardianship and Administration Act 1995
48Preservation of liability
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48 Preservation of liability
Nothing in this Part relieves a person from liability in respect of the carrying out of medical or dental treatment on a person to whom this Part applies, where that person would have been subject to that liability if –
(a) that person had been capable of giving consent to the carrying out of the treatment; and
(b) the treatment had been carried out with that person's consent.