174Refusal of psychiatric surgery

174 Refusal of psychiatric surgery (1) This section applies in relation to a person— (a) who has given consent to the performance of psychiatric surgery; or (b) in relation to whom the Supreme Court has made an order consenting to the performance of psychiatric surgery under section 173. (2) The person may, before the psychiatric surgery is performed, tell the chief psychiatrist or anyone else, orally or in writing or by indicating in any other way, that the person refuses to have the surgery performed.

(3) A person (other than the chief psychiatrist) who is told under subsection (2) that the person refuses to have psychiatric surgery performed must tell the chief psychiatrist of the refusal. (4) If the chief psychiatrist has approved the performance of psychiatric surgery on a person under section 172 and is told under this section that the person refuses to have the surgery, the chief psychiatrist (a) immediately tell the doctor who is to perform the surgery of the refusal; and (b) ensure that written documentation of the refusal is placed on the (5) If the chief psychiatrist is told under this section that a person refuses to have psychiatric surgery performed— (a) any consent to the performance of the surgery given by the person, or any order made by the Supreme Court under section 173 in relation to the person, ceases to have effect; and (b) if, immediately before the date of the refusal, an application for the approval of the performance of the surgery has been made but has not been decided, the application is taken to have been withdrawn on that date; and (c) any approval given by the chief psychiatrist for the performance of the surgery ceases to have effect.