In this Act—

• “the 1985 Act” means the Enduring Powers of Attorney Act 1985 (c. 29),

• “advance decision” has the meaning given in section 24(1),

• F1 “ authorisation under Schedule A1 ”means either—

  1. a

     a standard authorisation under that Schedule, or

  2. b

     an urgent authorisation under that Schedule.

• F1“the court” means the Court of Protection established by section 45,

• “Court of Protection Rules” has the meaning given in section 51(1),

• “Court of Protection Visitor” has the meaning given in section 61,

• “deputy” has the meaning given in section 16(2)(b),

• “enactment” includes a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

• “health record” has the meaning given in section 68 of the Data Protection Act 1998 (c. 29) (as read with section 69 of that Act),

• “the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 (c. 42),

• “independent mental capacity advocate” has the meaning given in section 35(1),

• “lasting power of attorney” has the meaning given in section 9,

• “life-sustaining treatment” has the meaning given in section 4(10),

• “local authority” F2, except inF9section 35(6A)(a) and Schedule A1,F2 means—

  1. a

     the council of a county in England in which there are no district councils,

  2. b

     the council of a district in England,

  3. c

     the council of a county or county borough in Wales,

  4. d

     the council of a London borough,

  5. e

     the Common Council of the City of London, or

  6. f

     the Council of the Isles of Scilly,

• “Mental Health Act” means the Mental Health Act 1983 (c. 20),

• “prescribed”, in relation to regulations made under this Act, means prescribed by those regulations,

• “property” includes any thing in action and any interest in real or personal property,

• “public authority” has the same meaning as in the Human Rights Act 1998,

• “Public Guardian” has the meaning given in section 57,

• “purchaser” and “purchase” have the meaning given in section 205(1) of the Law of Property Act 1925 (c. 20),

• “social services function” has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),

• “treatment” includes a diagnostic or other procedure,

• “trust corporation” has the meaning given in section 68(1) of the Trustee Act 1925 (c. 19), and

• “will” includes codicil.

In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.

In this Act, references to the bankruptcy of an individual include a case where a bankruptcy restrictions order under the Insolvency Act 1986 (c. 45) has effect in respect of him.

In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him.

“Bankruptcy restrictions order” includes an interim bankruptcy restrictions order.

 “Debt relief restrictions order” includes an interim debt relief restrictions order.

In this Act, references to deprivation of a person's liberty have the same meaning as in Article 5(1) of the Human Rights Convention.

For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not. F3

A statutory instrument containing an Order in Council under paragraph 31 of Schedule 3 (provision to give further effect to Hague Convention) is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations made by the Secretary of State under section 34 or 41 or by the Lord Chancellor under paragraph 32(1)(b) of Schedule 3 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1.

If such a statutory instrument contains regulations under paragraph 42(2)(b), 129, 162 or 164 of Schedule A1 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Subject to that, such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

No enduring power of attorney within the meaning of the 1985 Act is to be created after the commencement of subsection (1)(b).

Schedule 4 has effect in place of the 1985 Act in relation to any enduring power of attorney created before the commencement of subsection (1)(b).

Schedule 5 contains transitional provisions and savings in relation to Part 7 of the Mental Health Act and the 1985 Act.

Schedule 6 contains minor and consequential amendments.

Schedule 7 contains repeals.

The Lord Chancellor may by order make supplementary, incidental, consequential, transitional or saving provision for the purposes of, in consequence of, or for giving full effect to a provision of this Act.

The amendments that may be made under subsection (4)(b) are in addition to those made by or under any other provision of this Act.

An order under subsection (3) which amends or repeals a provision of an Act or Measure may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

This Act, other than sections 30 to 41, comes into force in accordance with provision made by order by the Lord Chancellor.

An order under this section may appoint different days for different provisions and different purposes.

Subject to subsections (5) and (6), this Act extends to England and Wales only.

Subject to any provision made in Schedule 6, the amendments and repeals made by Schedules 6 and 7 have the same extent as the enactments to which they relate.