(a)
the patient is incapable of giving consent to the operation or is capable of
giving consent but refuses to give that consent or neither gives nor refuses
to give that consent, and
(5) An application for consent must be
made not earlier than 14 days after notice of the proposed application is
given under section 78, but may be made sooner if--
(a) the
authorised medical officer is of the opinion that the urgency of the
circumstances requires an earlier determination of the matter, or
(b) the
person notified indicates that the person does not object.