122Meaning of special psychiatric treatment

122 Meaning of special psychiatric treatment

(1)  For the purposes of this Act, special psychiatric treatment is –

(a) psychosurgery; or

(b) any treatment that the regulations declare to be special psychiatric treatment.

(2)  For the purposes of subsection (1) , psychosurgery is either of the following procedures:

(a) the use of surgery or intracerebral electrodes to create a lesion in a person's brain with the intention of permanently altering the person's thoughts, emotions or behaviour;

(b) the use of intracerebral electrodes to stimulate a person's brain (without creating a lesion) with the intention of temporarily altering or influencing the person's thoughts, emotions or behaviour.

(3)  For the purposes of subsection (2)  –

(a) it is irrelevant whether the procedure will, by itself, fully achieve the relevant intention; and

(b) the behaviour referred to is not behaviour that is secondary to epilepsy.