(1)  A person responsible for a person to whom this Part applies may consent to the carrying out of medical or dental treatment which is not special treatment if he or she is satisfied that –

(a) the relevant person is incapable of giving consent; and

(b) the medical or dental treatment would be in the best interests of that person.

(2)  Subject to subsection (3) , for the purposes of determining whether any medical or dental treatment would be in the best interests of a person to whom this Part applies, matters to be taken into account by the person responsible include–

(a) the wishes, directions, preferences and values of that person (including those expressed in an advance care directive), so far as they can be ascertained; and

(b) the consequences to that person if the proposed treatment is not carried out; and

(c) any alternative treatment available to that person; and

(d) the nature and degree of any significant risks associated with the proposed treatment or any alternative treatment; and

(e) that the treatment is to be carried out only to promote and maintain the health and wellbeing of that person; and

(ea) in the case of proposed medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure –

(i) that a police officer or registered practitioner suspects that that person is a victim of a crime; and

(ii) that a police officer or registered practitioner has requested the treatment be carried out in relation to that person because the officer or practitioner suspects that that person is a victim of a crime; and

(f) any other matters prescribed by the regulations.

(3)  Subsection (2)(e) does not apply to medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure.