Search Legislation

Mental Capacity Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Capacity Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

[F1Part 10 E+WRelevant person's representative

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 7; S.I. 2008/745, art. 4(a); S.I. 2009/139, art. 2(c) (with art. 3, Sch. paras. 3, 4)

The representativeE+W

137In this Schedule the relevant person's representative is the person appointed as such in accordance with this Part.E+W

138(1)Regulations may make provision about the selection and appointment of representatives.E+W

(2)In this Part such regulations are referred to as “appointment regulations”.

Supervisory body to appoint representativeE+W

139(1)The supervisory body must appoint a person to be the relevant person's representative as soon as practicable after a standard authorisation is given.E+W

(2)The supervisory body must appoint a person to be the relevant person's representative if a vacancy arises whilst a standard authorisation is in force.

(3)Where a vacancy arises, the appointment under sub-paragraph (2) is to be made as soon as practicable after the supervisory body becomes aware of the vacancy.

140(1)The selection of a person for appointment under paragraph 139 must not be made unless it appears to the person making the selection that the prospective representative would, if appointed—E+W

(a)maintain contact with the relevant person,

(b)represent the relevant person in matters relating to or connected with this Schedule, and

(c)support the relevant person in matters relating to or connected with this Schedule.

141(1)Any appointment of a representative for a relevant person is in addition to, and does not affect, any appointment of a donee or deputy.E+W

(2)The functions of any representative are in addition to, and do not affect—

(a)the authority of any donee,

(b)the powers of any deputy, or

(c)any powers of the court.

Appointment regulationsE+W

142Appointment regulations may provide that the procedure for appointing a representative may begin at any time after a request for a standard authorisation is made (including a time before the request has been disposed of).E+W

143(1)Appointment regulations may make provision about who is to select a person for appointment as a representative.E+W

(2)But regulations under this paragraph may only provide for the following to make a selection—

(a)the relevant person, if he has capacity in relation to the question of which person should be his representative;

(b)a donee of a lasting power of attorney granted by the relevant person, if it is within the scope of his authority to select a person;

(c)a deputy, if it is within the scope of his authority to select a person;

(d)a best interests assessor;

(e)the supervisory body.

(3)Regulations under this paragraph may provide that a selection by the relevant person, a donee or a deputy is subject to approval by a best interests assessor or the supervisory body.

(4)Regulations under this paragraph may provide that, if more than one selection is necessary in connection with the appointment of a particular representative—

(a)the same person may make more than one selection;

(b)different persons may make different selections.

(5)For the purposes of this paragraph a best interests assessor is a person carrying out a best interests assessment in connection with the standard authorisation in question (including the giving of that authorisation).

144(1)Appointment regulations may make provision about who may, or may not, be—E+W

(a)selected for appointment as a representative, or

(b)appointed as a representative.

(2)Regulations under this paragraph may relate to any of the following matters—

(a)a person's age;

(b)a person's suitability;

(c)a person's independence;

(d)a person's willingness;

(e)a person's qualifications.

145Appointment regulations may make provision about the formalities of appointing a person as a representative.E+W

146In a case where a best interests assessor is to select a person to be appointed as a representative, appointment regulations may provide for the variation of the assessor's duties in relation to the assessment which he is carrying out.E+W

Monitoring of representativesE+W

147Regulations may make provision requiring the managing authority of the relevant hospital or care home to—E+W

(a)monitor, and

(b)report to the supervisory body on,

the extent to which a representative is maintaining contact with the relevant person.

TerminationE+W

148Regulations may make provision about the circumstances in which the appointment of a person as the relevant person's representative ends or may be ended.E+W

149Regulations may make provision about the formalities of ending the appointment of a person as a representative.E+W

Suspension of representative's functionsE+W

150(1)Regulations may make provision about the circumstances in which functions exercisable by, or in relation to, the relevant person's representative (whether under this Schedule or not) may be—E+W

(a)suspended, and

(b)if suspended, revived.

(2)The regulations may make provision about the formalities for giving effect to the suspension or revival of a function.

(3)The regulations may make provision about the effect of the suspension or revival of a function.

Payment of representativeE+W

151Regulations may make provision for payments to be made to, or in relation to, persons exercising functions as the relevant person's representative.E+W

Regulations under this PartE+W

152The provisions of this Part which specify provision that may be made in regulations under this Part do not affect the generality of the power to make such regulations.E+W

Effect of appointment of section 39C IMCAE+W

153Paragraphs 159 and 160 make provision about the exercise of functions by, or towards, the relevant person's representative during periods when—E+W

(a)no person is appointed as the relevant person's representative, but

(b)a person is appointed as a section 39C IMCA.]

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