ABSTRACT
This chapter reflects on key areas of legislation, such as the Mental Health Act (MHA), Human Rights Act and Sexual Offences Act (SOA), as they interact with the application of the Mental Capacity Act (MCA). It provides practical clinical examples illustrating how different pieces of legislation must be combined and describes the tension that is created by the different underlying values Multiple Acts of Parliament affect what is legal in different situations. This applies to healthcare provision just as it does to employment, buying products or driving a car. The MHA alters the standard consent requirements in relation to treatments given under the MHA and some treatments to non-detained patients. As consideration of human rights implications has informed capacity and mental health legislation over many decades, it is unsurprising that the way capacity legislation has been framed influences the application of the Human Rights Act. In general, the MCA and SOA can be seen as having separate functions.
