Mental Capacity Act 2005
Mental Capacity Act 2005 (2005 c. 9)
- Mental Capacity Act 2005 (2005 c. 9)
- Part 1 Persons who lack capacity
- The principles
- 1 The principles
- Preliminary
- 2 People who lack capacity
- 3 Inability to make decisions
- 4 Best interests
- 4A Restriction on deprivation of liberty
- 4B Deprivation of liberty necessary for life-sustaining treatment etc
- 5 Acts in connection with care or treatment
- 6 Section 5 acts: limitations
- 7 Payment for necessary goods and services
- 8 Expenditure
- Lasting powers of attorney
- 9 Lasting powers of attorney
- 10 Appointment of donees
- 11 Lasting powers of attorney: restrictions
- 12 Scope of lasting powers of attorney: gifts
- 13 Revocation of lasting powers of attorney etc.
- 14 Protection of donee and others if no power created or power revoked
- General powers of the court and appointment of deputies
- 15 Power to make declarations
- 16 Powers to make decisions and appoint deputies: general
- 16A Section 16 powers: Mental Health Act patients etc
- 17 Section 16 powers: personal welfare
- 18 Section 16 powers: property and affairs
- 19 Appointment of deputies
- 20 Restrictions on deputies
- 21 Transfer of proceedings relating to people under 18
- Powers of the court in relation to Schedule A1
- 21A Powers of court in relation to Schedule A1
- Powers of the court in relation to lasting powers of attorney
- 22 Powers of court in relation to validity of lasting powers of attorney
- 23 Powers of court in relation to operation of lasting powers of attorney
- Advance decisions to refuse treatment
- 24 Advance decisions to refuse treatment: general
- 25 Validity and applicability of advance decisions
- 26 Effect of advance decisions
- Excluded decisions
- 27 Family relationships etc.
- 28 Mental Health Act matters
- 29 Voting rights
- Research
- 30 Research
- 31 Requirements for approval
- 32 Consulting carers etc.
- 33 Additional safeguards
- 34 Loss of capacity during research project
- Independent mental capacity advocate service
- 35 Appointment of independent mental capacity advocates
- 36 Functions of independent mental capacity advocates
- 37 Provision of serious medical treatment by NHS body
- 38 Provision of accommodation by NHS body
- 39 Provision of accommodation by local authority
- 39A Person becomes subject to Schedule A1
- 39B Section 39A: supplementary provision
- 39C Person unrepresented whilst subject to Schedule A1
- 39D Person subject to Schedule A1 without paid representative
- 39E Limitation on duty to instruct advocate under section 39D
- 40 Exceptions
- 41 Power to adjust role of independent mental capacity advocate
- Miscellaneous and supplementary
- 42 Codes of practice
- 43 Codes of practice: procedure
- 44 Ill-treatment or neglect
- Part 2 The Court of Protection and the Public Guardian
- The Court of Protection
- 45 The Court of Protection
- 46 The judges of the Court of Protection
- Supplementary powers
- 47 General powers and effect of orders etc.
- 48 Interim orders and directions
- 49 Power to call for reports
- Practice and procedure
- 50 Applications to the Court of Protection
- 51 Court of Protection Rules
- 52 Practice directions
- 53 Rights of appeal
- Fees and costs
- 54 Fees
- 55 Costs
- 56 Fees and costs: supplementary
- The Public Guardian
- 57 The Public Guardian
- 58 Functions of the Public Guardian
- 59 Public Guardian Board
- 60 Annual report
- Court of Protection Visitors
- 61 Court of Protection Visitors
- Part 3 Miscellaneous and general
- Declaratory provision
- 62 Scope of the Act
- Private international law
- 63 International protection of adults
- General
- 64 Interpretation
- 65 Rules, regulations and orders
- 66 Existing receivers and enduring powers of attorney etc.
- 67 Minor and consequential amendments and repeals
- 68 Commencement and extent
- 69 Short title
- SCHEDULES
- SCHEDULE A1 Hospital and care home residents: deprivation of liberty
- Part 1 Authorisation to deprive residents of liberty etc
- Application of Part
- Authorisation to deprive P of liberty
- No liability for acts done for purpose of depriving P of liberty
- No protection for negligent acts etc
- Part 2 Interpretation: main terms
- Introduction
- Detained resident
- Relevant person etc
- Authorisations
- Part 3 The qualifying requirements
- The qualifying requirements
- The age requirement
- The mental health requirement
- The mental capacity requirement
- The best interests requirement
- The eligibility requirement
- The no refusals requirement
- Part 4 Standard authorisations
- Supervisory body to give authorisation
- Duty to request authorisation: basic cases
- Duty to request authorisation: change in place of detention
- Other authority for detention: request for authorisation
- Request refused: no further request unless change of circumstances
- Authorisation given: request for further authorisation
- Power to request authorisation
- Information included in request
- Records of requests
- Relevant person must be assessed
- Age assessment
- Mental health assessment
- Mental capacity assessment
- Best interests assessment
- Eligibility assessment
- No refusals assessment
- Equivalent assessment already carried out
- Duty to give authorisation
- Terms of authorisation
- Form of authorisation
- Duty to give information about decision
- Duty to give information about effect of authorisation
- Records of authorisations
- Variation of an authorisation
- Effect of decision about request made under paragraph 25 or 30
- When an authorisation is in force
- When a request for a standard authorisation is “disposed of”
- Right of third party to require consideration of whether authorisation needed
- Part 5 Urgent authorisations
- Managing authority to give authorisation
- Duty to give authorisation
- Terms of authorisation
- Form of authorisation
- Duty to keep records and give copies
- Duty to give information about authorisation
- Request for extension of duration
- No variation
- When an authorisation is in force
- Part 6 Eligibility requirement not met: suspension of standard authorisation
- Part 7 Standard authorisations: change in supervisory responsibility
- Application of this Part
- Effect of change in supervisory responsibility
- Part 8 Standard authorisations: review
- Application of this Part
- Review by supervisory body
- Request for review
- Grounds for review
- Non-qualification ground
- Change of reason ground
- Variation of conditions ground
- Notice that review to be carried out
- Starting a review
- No reviewable qualifying requirements
- One or more reviewable qualifying requirements
- Review assessments
- Best interests requirement reviewable but non-assessable
- Best interests review assessment positive
- Mental health, mental capacity, eligibility or no refusals review assessment positive
- One or more review assessments negative
- Completion of a review
- Variations under this Part
- Notice of outcome of review
- Records
- Relationship between review and suspension under Part 6
- Relationship between review and request for new authorisation
- Part 9 Assessments under this Schedule
- Introduction
- Supervisory body to select assessor
- Examination and copying of records
- Representations
- Assessments to stop if any comes to negative conclusion
- Duty to keep records and give copies
- Part 10 Relevant person's representative
- The representative
- Supervisory body to appoint representative
- Appointment regulations
- Monitoring of representatives
- Termination
- Suspension of representative's functions
- Payment of representative
- Regulations under this Part
- Effect of appointment of section 39C IMCA
- Part 11 IMCAs
- Application of Part
- The IMCAs
- Section 39C IMCA: functions
- Section 39A IMCA: restriction of functions
- Part 12 Miscellaneous
- Monitoring of operation of Schedule
- Disclosure of information
- Directions by National Assembly in relation to supervisory functions
- Notices
- Regulations
- Part 13 Interpretation
- Introduction
- Hospitals and their managing authorities
- Care homes and their managing authorities
- Supervisory bodies: hospitals
- Supervisory bodies: care homes
- Supervisory bodies: determination of place of ordinary residence
- Same body managing authority and supervisory body
- Interested persons
- SCHEDULE AA1 Deprivation of liberty: authorisation of arrangements enabling care and treatment
- Part 1 Introductory and interpretation
- Contents of this Schedule
- Arrangements this Schedule applies to
- Definitions
- Local authority
- NHS hospital and independent hospital
- Responsible body
- Part 2 Authorisation of arrangements
- The authorisation conditions
- Rights to information etc
- Authorisation
- Determinations made on capacity and medical assessments
- Determination that arrangements are necessary and proportionate
- Consultation
- Pre-authorisation review
- Authorisation record
- Part 3 Duration, renewal, variation and review of authorisation
- Time for which authorisation has effect
- Notification that arrangements have ceased to have effect
- Authorisation coming to an end early: arrangements to be treated as authorised
- Renewal
- Variation
- Reviews
- Part 4 Approved Mental Capacity Professionals
- Part 5 Appointment of IMCA
- Appointment of Independent Mental Capacity Advocate
- Part 6 Monitoring and reporting
- Part 7 Excluded arrangements: mental health
- Excluded arrangements
- Kinds of mental health arrangements
- Mental health arrangements: the hospital treatment regime
- Mental health arrangements: other definitions
- Mental health requirements
- Part 8 Transitory provision
- SCHEDULE 1 Lasting powers of attorney: formalities
- Part 1 Making instruments
- General requirements as to making instruments
- Requirements as to content of instruments
- Failure to comply with prescribed form
- Part 2 Registration
- Applications and procedure for registration
- Notification requirements
- Power to dispense with notification requirements
- Instrument not made properly or containing ineffective provision
- Deputy already appointed
- Objection by donee or named person
- Objection by donor
- Notification of registration
- Evidence of registration
- Part 3 Cancellation of registration and notification of severance
- Part 4 Records of alterations in registered powers
- Partial revocation or suspension of power as a result of bankruptcy
- Termination of appointment of donee which does not revoke power
- Replacement of donee
- Severance of ineffective provisions
- Notification of alterations
- SCHEDULE 1A Persons ineligible to be deprived of liberty by this Act
- Part 1 Ineligible persons
- Application
- Determining ineligibility
- Authorised course of action not in accordance with regime
- Treatment for mental disorder in a hospital
- P objects to being a mental health patient etc
- Part 2 Interpretation
- Application
- Mental health regimes
- Hospital treatment regime
- Community treatment regime
- Guardianship regime
- England and Wales enactments
- P within scope of Mental Health Act
- Authorised course of action, relevant care or treatment & relevant instrument
- Expressions used in paragraph 5
- Expressions with same meaning as in Mental Health Act
- SCHEDULE 2 Property and affairs: supplementary provisions
- Wills: general
- Provision that may be made in will
- Wills: requirements relating to execution
- Wills: effect of execution
- Vesting orders ancillary to settlement etc.
- Variation of settlements
- Vesting of stock in curator appointed outside England and Wales
- Preservation of interests in property disposed of on behalf of person lacking capacity
- Powers as patron of benefice
- SCHEDULE 3 International protection of adults
- Part 1 Preliminary
- Introduction
- The Convention
- Countries, territories and nationals
- Adults with incapacity
- Protective measures
- Central Authority
- Part 2 Jurisdiction of competent authority
- Scope of jurisdiction
- Exercise of jurisdiction
- Part 3 Applicable law
- Applicable law
- Lasting powers of attorney, etc.
- Protection of third parties
- Mandatory rules
- Public policy
- Part 4 Recognition and enforcement
- Recognition
- Enforcement
- Measures taken in relation to those aged under 16
- Supplementary
- Part 5 Co-operation
- Proposal for cross-border placement
- Adult in danger etc.
- Part 6 General
- Certificates
- Powers to make further provision as to private international law
- Exceptions
- Regulations and orders
- Commencement
- SCHEDULE 4 Provisions applying to existing enduring powers of attorney
- Part 1 Enduring powers of attorney
- Enduring power of attorney to survive mental incapacity of donor
- Characteristics of an enduring power of attorney
- Scope of authority etc. of attorney under enduring power
- Part 2 Action on actual or impending incapacity of donor
- Duties of attorney in event of actual or impending incapacity of donor
- Part 3 Notification prior to registration
- Duty to give notice to relatives
- Duty to give notice to donor
- Contents of notices
- Duty to give notice to other attorneys
- Supplementary
- Part 4 Registration
- Registration of instrument creating power
- Register of enduring powers
- Part 5 Legal position after registration
- Effect and proof of registration
- Functions of court with regard to registered power
- Cancellation of registration by Public Guardian
- Part 6 Protection of attorney and third parties
- Protection of attorney and third persons where power is invalid or revoked
- Further protection of attorney and third persons
- Part 7 Joint and joint and several attorneys
- Application to joint and joint and several attorneys
- Joint attorneys
- Joint and several attorneys
- Part 8 Interpretation
- SCHEDULE 5 Transitional provisions and savings
- Part 1 Repeal of Part 7 of the Mental Health Act 1983
- Existing receivers
- Orders, appointments etc.
- Pending proceedings
- Appeals
- Fees
- Court records
- Existing charges
- Preservation of interests on disposal of property
- Accounts
- Interpretation
- Part 2 Repeal of the Enduring Powers of Attorney Act 1985
- Orders, determinations, etc.
- Pending proceedings
- Appeals
- Exercise of powers of donor as trustee
- Interpretation
- SCHEDULE 6 Minor and consequential amendments
- Fines and Recoveries Act 1833 (c. 74)
- Improvement of Land Act 1864 (c. 114)
- Trustee Act 1925 (c. 19)
- Law of Property Act 1925 (c. 20)
- Administration of Estates Act 1925 (c. 23)
- National Assistance Act 1948 (c. 29)
- U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)
- Intestates' Estates Act 1952 (c. 64)
- Variation of Trusts Act 1958 (c. 53)
- Administration of Justice Act 1960 (c. 65)
- Industrial and Provident Societies Act 1965 (c. 12)
- Compulsory Purchase Act 1965 (c. 56)
- Leasehold Reform Act 1967 (c. 88)
- Medicines Act 1968 (c. 67)
- Family Law Reform Act 1969 (c. 46)
- Local Authority Social Services Act 1970 (c. 42)
- Courts Act 1971 (c. 23)
- Local Government Act 1972 (c. 70)
- Matrimonial Causes Act 1973 (c. 18)
- Juries Act 1974 (c. 23)
- Consumer Credit Act 1974 (c. 39)
- Solicitors Act 1974 (c. 47)
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- Sale of Goods Act 1979 (c. 54)
- Limitation Act 1980 (c. 58)
- Public Passenger Vehicles Act 1981 (c. 14)
- Judicial Pensions Act 1981 (c. 20)
- Supreme Court Act 1981 (c. 54)
- Mental Health Act 1983 (c. 20)
- Administration of Justice Act 1985 (c. 61)
- Insolvency Act 1986 (c. 45)
- Building Societies Act 1986 (c. 53)
- Public Trustee and Administration of Funds Act 1986 (c. 57)
- Patronage (Benefices) Measure 1986 (No.3)
- Courts and Legal Services Act 1990 (c. 41)
- Child Support Act 1991 (c. 48)
- Social Security Administration Act 1992 (c. 5)
- Judicial Pensions and Retirement Act 1993 (c. 8)
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
- Disability Discrimination Act 1995 (c. 50)
- Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
- Human Rights Act 1998 (c. 42)
- Access to Justice Act 1999 (c. 22)
- Adoption and Children Act 2002 (c. 38)
- Licensing Act 2003 (c. 17)
- Courts Act 2003 (c. 39)
- SCHEDULE 7 Repeals
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