Mental Capacity Act 2005 (c. 9)

Part 1 E+W Persons who lack capacity

Modifications etc. (not altering text)

C1 Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)

Preliminary E+W

[F1 4C Carrying out of authorised arrangements giving rise to deprivation of liberty E+W

(1) This section applies to an act that a person (“D”) does in carrying out arrangements authorised under Schedule AA1.

(2) D does not incur any liability in relation to the act that would not have been incurred if the cared-for person—

(a) had had capacity to consent in relation to D doing the act, and

(b) had consented to D doing the act.

(3) Nothing in this section excludes a person’s civil liability for loss or damage, or a person’s criminal liability, resulting from that person’s negligence in doing the act.

(4) Paragraph 31 of Schedule AA1 applies if an authorisation ceases to have effect in certain cases.

(5) “Cared-for person” has the meaning given by paragraph 2(1) of that Schedule.]

Textual Amendments

F1 S. 4C inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), ss. 1(3), 6(3)