Nothing in this Act authorises a person to give a patient treatment for mental disorder, or to consent to a patient’s being given such treatment, if, at the time when it is proposed to treat the patient, his or her treatment is regulated by Part 4 of the Act of 2001, unless the patient is a person detained under the Act of 2001 on the grounds that he or she is suffering from a mental disorder within the meaning of section 3(1)(b) of that Act.

Subject to that restriction, a reference in sections 56, 57, 59 or 60 of the Act of 2001 to a 'patient' in the context of the patient giving consent includes a decision-making representative appointed in respect of the patient and the matter to which the consent relates, and a patient shall not be regarded as incapable or unable to give consent for the purposes of sections 57, 59 or 60 where such a decision-making representative is appointed. 'Mental disorder', 'patient' and 'treatment' have the same meaning as in the Act of 2001.