Mental Health Act 2016
sec.512Decision on application
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sec.512 Decision on application
In deciding the application, the tribunal must give, or refuse to give, approval for the non-ablative neurosurgical procedure to be performed on the person. The tribunal may give the approval only if the tribunal is satisfied— the applicant has given the person the explanation required under section 234 ; and the person has given informed consent to the procedure under chapter 7 , part 10 ; and the procedure has clinical merit and is appropriate in the circumstances; and alternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and the procedure is to be performed by an appropriately qualified person. The tribunal may give the approval subject to the conditions the tribunal considers appropriate. (sec.512-ssec.1) In deciding the application, the tribunal must give, or refuse to give, approval for the non-ablative neurosurgical procedure to be performed on the person. (sec.512-ssec.2) The tribunal may give the approval only if the tribunal is satisfied— the applicant has given the person the explanation required under section 234 ; and the person has given informed consent to the procedure under chapter 7 , part 10 ; and the procedure has clinical merit and is appropriate in the circumstances; and alternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and the procedure is to be performed by an appropriately qualified person. (sec.512-ssec.3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.
- (a) the applicant has given the person the explanation required under section 234 ; and
- (b) the person has given informed consent to the procedure under chapter 7 , part 10 ; and
- (c) the procedure has clinical merit and is appropriate in the circumstances; and
- (d) alternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and
- (e) the procedure is to be performed by an appropriately qualified person.