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Mental Capacity Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Mental Capacity Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

    1. The Act

      1. Part 1: Persons who lack capacity

      2. Part 2: The Court of Protection and the Public Guardian

      3. Part 3: Miscellaneous and General

  3. Compatibility With Echr

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary on Sections

    1. Part 1: Persons Who Lack Capacity

      1. The principles

        1. Section 1: The principles

      2. Preliminary

        1. Section 2: People who lack capacity

        2. Section 3: Inability to make decisions

        3. Section 4: Best interests

        4. Section 5: Acts in connection with care or treatment

        5. Section 6: Section 5 acts: limitations

        6. Section 7: Payment for necessary goods and services

        7. Section 8: Expenditure

      3. Lasting powers of attorney

        1. Section 9: Lasting powers of attorney

        2. Section 10: Appointment of donees

        3. Section 11: Lasting powers of attorney: restrictions

        4. Section 12: Scope of lasting powers of attorney: gifts

        5. Section 13: Revocation of lasting powers of attorney

        6. Section 14: Protection of donee and others if no power created or power revoked

      4. General powers of the court and appointment of deputies

        1. Section 15: Power to make declarations

        2. Section 16: Powers to make decisions and appoint deputies: general

        3. Section 17: Section 16 powers: personal welfare

        4. Section 18: Section 16 powers: property and affairs

        5. Section 19: Appointment of deputies

        6. Section 20: Restrictions on deputies

        7. Section 21: Transfer of proceedings relating to people under 18

      5. Powers of the court in relation to lasting powers of attorney

        1. Section 22: Powers of court in relation to validity of lasting powers of attorney

        2. Section 23: Powers of court in relation to operation of lasting powers of attorney

      6. Advance decisions to refuse treatment

        1. Section 24: Advance decisions to refuse treatment: general

        2. Section 25: Validity and applicability of advance decisions

        3. Section 26: Effect of advance decisions

      7. Excluded decisions

        1. Section 27: Family relationships

        2. Section 28: Mental Health Act matters

        3. Section 29: Voting rights

      8. Research

        1. Section 30: Research

        2. Section 31: Requirements for approval

        3. Section 32: Consulting carers

        4. Section 33: Additional safeguards

        5. Section 34: Loss of capacity during research project

      9. Independent mental capacity advocate service

        1. Section 35: Appointment of independent mental capacity advocates

        2. Section 36: Functions of independent mental capacity advocates

        3. Section 37: Provision of serious medical treatment by NHS body

        4. Section 38: Provision of accommodation by NHS body

        5. Section 39: Provision of accommodation by local authority

        6. Section 40: Exceptions

        7. Section 41: Power to adjust role of independent mental capacity advocate

        8. Section 42: Codes of practice

        9. Section 43: Codes of practice: procedure

        10. Section 44: Ill-treatment or neglect

    2. Part 2: the Court of Protection and the Public Guardian

      1. The Court of Protection

        1. Section 45: The Court of Protection

        2. Section 46: The judges of the Court of Protection

      2. Supplementary powers

        1. Section 47: General powers and effect of orders

        2. Section 48: Interim orders and directions

        3. Section 49: Power to call for reports

      3. Practice and procedure

        1. Section 50: Applications to the Court of Protection

        2. Section 51: Court of Protection Rules

        3. Section 52: Practice directions

        4. Section 53: Rights of appeal

      4. Fees and costs

        1. Section 54: Fees

        2. Section 55: Costs

        3. Section 56: Fees and costs: supplementary

      5. The Public Guardian

        1. Section 57: The Public Guardian

        2. Section 58: Functions of the Public Guardian

        3. Section 59: Public Guardian Board

        4. Section 60: Annual report

      6. Court of Protection Visitors

        1. Section 61: Court of Protection Visitors

    3. Part 3: Miscellaneous and General

      1. Declaratory provision

        1. Section 62: Scope of the Act

      2. Private international law

        1. Section 63: International Protection of Adults

      3. General

        1. Section 66: Existing receivers and enduring powers of attorney

        2. Section 67: Minor consequential amendments and repeals

  7. Schedules

    1. Schedule 1: Lasting powers of attorney: formalities

      1. Part 1: Making instruments

      2. Part 2: Registration

      3. Part 3: Cancellation of registration and notification of severance

      4. Part 4: Records of alterations in registered powers

    2. Schedule 2: Property and affairs: supplementary provisions

    3. Schedule 3: International protection of adults

      1. Part 1: Preliminary

      2. Part 2: Jurisdiction of competent authority

      3. Part 3: Applicable law

      4. Part 4: Recognition and enforcement

      5. Part 5: Co-operation

      6. Part 6: General

    4. Schedule 4: Provisions applying to existing enduring powers of attorney

      1. Part 1: Enduring powers of attorney

      2. Part 2: Action on actual or impending incapacity of donor

      3. Part 3: Notification prior to registration

      4. Part 4: Registration

      5. Part 5: Legal position after registration

      6. Part 6: Protection of attorney and third parties

      7. Part 7: Joint and joint and several attorneys

    5. Schedule 5: Transitional provisions and savings

  8. Commencement

  9. Parliamentary Stages

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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