638. Provision of serious medical treatment by an NHS body.

638.     Provision of serious medical treatment by an NHS body.

If an NHS body1: (1) is proposing to provide, or secure the provision of, serious medical treatment2 for a person ('P') who lacks capacity3 to consent to the treatment4; and (2) is satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests5, before such treatment is provided the NHS body must