100Secretary may consent to surgery

#### 100 Secretary may consent to surgery 100 Secretary may consent to surgery > > (1) An authorised medical officer may apply to the Secretary for consent to the performance of a surgical operation on an involuntary patient. > > > (2) An application is to be made to the Secretary if a designated carer of the patient agrees, in writing, to the performance of the surgical operation. > > > (3) On an application, the Secretary may consent to the performance of a surgical operation on an involuntary patient if 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. > > > (4) (Repealed) > > > (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. > > **s 100:** Am 2008 No 79, Sch 2 \[27\]; 2014 No 85, Sch 1 \[67\] \[68\].