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Amendment of section 136 of Principal Act
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91. Section 136 of the Principal Act is amended—
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(a) by the substitution of “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” for “Act of 2001”, and
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(b) by the insertion of the following subsection after subsection (1):
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“(1A) Subject to subsection (1)—
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(a) a reference in section 56, 57, 59 or 60 of the Act of 2001 to a ‘patient’ in the context of the patient giving his or her consent shall include a decision-making representative appointed in respect of the patient and in respect of a matter to which the relevant consent relates, and
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(b) a patient shall not be regarded as incapable or unable to give consent for the purposes of section 57, 59 or 60, as the case may be, of the Act of 2001 where a decision-making representative is appointed in respect of the patient and in respect of a matter to which the relevant consent relates.”.
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