136. (1) Nothing in this Act authorises a person—

(a) to give a patient treatment for mental disorder, or

(b) to consent to a patient’s being given treatment for mental disorder,

if, at the time when it is proposed to treat the patient, his or her treatment is regulated by Part 4 of the F154[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].

F155[(1A) Subject to subsection (1)—

(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

(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.]

(2) In this section “mental disorder”, “patient” and “treatment” have the same meaning as in the Act of 2001.