There is no overlap intended between the Mental Health Act 1983 and the Mental Capacity Act 2005. The Mental Health Act 1983 provides a statutory basis for the compulsory treatment of people with mental disorder in hospital1. It carries safeguards for the use of treatment without consent2 and the requisite review mechanism in the form of the First Tier Tribunal (formerly the Mental Health Review Tribunal) safeguards3. Unlike the Mental Capacity Act 2005, the Mental Health Act 1983 is concerned only with the treatment of mental disorder4.
The purpose of the Mental Capacity
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