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Mental health requirement

Definition in primary legislation

From:

Mental Capacity Act 2005, Schedule A1, Part 4

Legislation

35 A mental health assessment is an assessment of whether the relevant person meets the mental health requirement.

36 When carrying out a mental health assessment, the assessor must also—
(a) consider how (if at all) the relevant person's mental health is likely to be affected by his being a detained resident, and
(b) notify the best interests assessor of his conclusions.

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