Mental Health Act 2016

In deciding the application, the tribunal must give, or refuse to give, approval for the non-ablative neurosurgical procedure to be performed on the person.

The tribunal may give the approval only if the tribunal is satisfied—

the applicant has given the person the explanation required under section 234; and

the person has given informed consent to the procedure under chapter 7, part 10; and

the procedure has clinical merit and is appropriate in the circumstances; and

alternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and

the procedure is to be performed by an appropriately qualified person.

The tribunal may give the approval subject to the conditions the tribunal considers appropriate.