- Latest available (Revised)
- Original (As enacted)
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.
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.
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
185Each of the following is an interested person—E+W
(a)the relevant person's spouse or civil partner;
(b)where the relevant person and another person of the opposite sex are not married to each other but are living together as husband and wife: the other person;
(c)where the relevant person and another person of the same sex are not civil partners of each other but are living together as if they were civil partners: the other person;
(d)the relevant person's children and step-children;
(e)the relevant person's parents and step-parents;
(f)the relevant person's brothers and sisters, half-brothers and half-sisters, and stepbrothers and stepsisters;
(g)the relevant person's grandparents;
(h)a deputy appointed for the relevant person by the court;
(i)a donee of a lasting power of attorney granted by the relevant person.
186(1)An interested person consulted by the best interests assessor is any person whose name is stated in the relevant best interests assessment in accordance with paragraph 40 (interested persons whom the assessor consulted in carrying out the assessment).E+W
(2)The relevant best interests assessment is the most recent best interests assessment carried out in connection with the standard authorisation in question (whether the assessment was carried out under Part 4 or Part 8).
187Where this Schedule imposes on a person a duty towards an interested person, the duty does not apply if the person on whom the duty is imposed—E+W
(a)is not aware of the interested person's identity or of a way of contacting him, and
(b)cannot reasonably ascertain it.
188The following table contains an index of provisions defining or otherwise explaining expressions used in this Schedule—E+W
|age assessment||paragraph 34|
|age requirement||paragraph 13|
|age review assessment||paragraph 112(3)|
|appointment regulations||paragraph 138|
|assessment under this Schedule||paragraph 127|
|assessor (except in Part 9)||paragraph 33|
|assessor (in Part 9)||paragraphs 33 and 128|
|authorisation under this Schedule||paragraph 10|
|best interests (determination of)||section 4|
|best interests assessment||paragraph 38|
|best interests requirement||paragraph 16|
|best interests review assessment||paragraph 112(6)|
|care home||paragraph 178|
|change of reason ground||paragraph 106|
|complete (in relation to a review of a standard authorisation)||paragraph 118|
|deprivation of a person's liberty||section 64(5) and (6)|
|detained resident||paragraph 6|
|disposed of (in relation to a request for a standard authorisation)||paragraph 66|
|eligibility assessment||paragraph 46|
|eligibility requirement||paragraph 17|
|eligibility review assessment||paragraph 112(7)|
|eligible person (in relation to paragraphs 68 to 73)||paragraph 68|
|eligible person (in relation to Part 8)||paragraph 102(3)|
|expiry (in relation to an existing authorisation)||paragraph 125(b)|
|existing authorisation (in Part 8)||paragraph 125(a)|
|in force (in relation to a standard authorisation)||paragraphs 63 and 64|
|in force (in relation to an urgent authorisation)||paragraphs 88 and 89|
|ineligible (in relation to the eligibility requirement)||Schedule 1A|
|interested person||paragraph 185|
|interested person consulted by the best interests assessor||paragraph 186|
|lack of capacity||section 2|
|lasting power of attorney||section 9|
|managing authority (in relation to a care home)||paragraph 179|
|managing authority (in relation to a hospital)||paragraph 176 or 177|
|maximum authorisation period||paragraph 42|
|mental capacity assessment||paragraph 37|
|mental capacity requirement||paragraph 15|
|mental capacity review assessment||paragraph 112(5)|
|mental health assessment||paragraph 35|
|mental health requirement||paragraph 14|
|mental health review assessment||paragraph 112(4)|
|negative conclusion||paragraph 112(2)(a)|
|new supervisory body||paragraph 99(b)|
|no refusals assessment||paragraph 48|
|no refusals requirement||paragraph 18|
|no refusals review assessment||paragraph 112(8)|
|non-qualification ground||paragraph 105|
|old supervisory body||paragraph 99(a)|
|positive conclusion||paragraph 112(2)(b)|
|purpose of a standard authorisation||paragraph 11(1)|
|purpose of an urgent authorisation||paragraph 11(2)|
|qualifying requirements||paragraph 12|
|refusal (for the purposes of the no refusals requirement)||paragraphs 19 and 20|
|relevant care or treatment||paragraph 7|
|relevant hospital or care home||paragraph 7|
|relevant managing authority||paragraph 26(4)|
|relevant person||paragraph 7|
|relevant person's representative||paragraph 137|
|relevant procedure||paragraph 128|
|review assessment||paragraph 112(1)|
|section 39A IMCA||paragraph 155|
|section 39C IMCA||paragraph 156|
|section 39D IMCA||paragraph 157|
|standard authorisation||paragraph 8|
|supervisory body (except in Part 9)||paragraph 180, 181 or 182|
|supervisory body (in Part 9)||paragraph 128 and paragraph 180, 181 or 182|
|unauthorised deprivation of liberty (in relation to paragraphs 68 to 73)||paragraph 67|
|urgent authorisation||paragraph 9|
|variation of conditions ground||paragraph 107]|
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
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?
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: