Search Legislation

Mental Capacity Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Mental Capacity Act 2005, Part 3 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 3 E+WApplicable law

Applicable lawE+W

11In exercising jurisdiction under this Schedule, the court may, if it thinks that the matter has a substantial connection with a country other than England and Wales, apply the law of that other country.E+W

12Where a protective measure is taken in one country but implemented in another, the conditions of implementation are governed by the law of the other country.E+W

Lasting powers of attorney, etc.E+W

13(1)If the donor of a lasting power is habitually resident in England and Wales at the time of granting the power, the law applicable to the existence, extent, modification or extinction of the power is—E+W

(a)the law of England and Wales, or

(b)if he specifies in writing the law of a connected country for the purpose, that law.

(2)If he is habitually resident in another country at that time, but England and Wales is a connected country, the law applicable in that respect is—

(a)the law of the other country, or

(b)if he specifies in writing the law of England and Wales for the purpose, that law.

(3)A country is connected, in relation to the donor, if it is a country—

(a)of which he is a national,

(b)in which he was habitually resident, or

(c)in which he has property.

(4)Where this paragraph applies as a result of sub-paragraph (3)(c), it applies only in relation to the property which the donor has in the connected country.

(5)The law applicable to the manner of the exercise of a lasting power is the law of the country where it is exercised.

(6)In this Part of this Schedule, “lasting power” means—

(a)a lasting power of attorney (see section 9),

(b)an enduring power of attorney within the meaning of Schedule 4, or

(c)any other power of like effect.

14(1)Where a lasting power is not exercised in a manner sufficient to guarantee the protection of the person or property of the donor, the court, in exercising jurisdiction under this Schedule, may disapply or modify the power.E+W

(2)Where, in accordance with this Part of this Schedule, the law applicable to the power is, in one or more respects, that of a country other than England and Wales, the court must, so far as possible, have regard to the law of the other country in that respect (or those respects).

15Regulations may provide for Schedule 1 (lasting powers of attorney: formalities) to apply with modifications in relation to a lasting power which comes within paragraph 13(6)(c) above.E+W

Protection of third partiesE+W

16(1)This paragraph applies where a person (a “representative”) in purported exercise of an authority to act on behalf of an adult enters into a transaction with a third party.E+W

(2)The validity of the transaction may not be questioned in proceedings, nor may the third party be held liable, merely because—

(a)where the representative and third party are in England and Wales when entering into the transaction, sub-paragraph (3) applies;

(b)where they are in another country at that time, sub-paragraph (4) applies.

(3)This sub-paragraph applies if—

(a)the law applicable to the authority in one or more respects is, as a result of this Schedule, the law of a country other than England and Wales, and

(b)the representative is not entitled to exercise the authority in that respect (or those respects) under the law of that other country.

(4)This sub-paragraph applies if—

(a)the law applicable to the authority in one or more respects is, as a result of this Part of this Schedule, the law of England and Wales, and

(b)the representative is not entitled to exercise the authority in that respect (or those respects) under that law.

(5)This paragraph does not apply if the third party knew or ought to have known that the applicable law was—

(a)in a case within sub-paragraph (3), the law of the other country;

(b)in a case within sub-paragraph (4), the law of England and Wales.

Mandatory rulesE+W

17Where the court is entitled to exercise jurisdiction under this Schedule, the mandatory provisions of the law of England and Wales apply, regardless of any system of law which would otherwise apply in relation to the matter.E+W

Public policyE+W

18Nothing in this Part of this Schedule requires or enables the application in England and Wales of a provision of the law of another country if its application would be manifestly contrary to public policy.E+W

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources