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Mental Capacity Act 2005

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Changes over time for: Part 2

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Version Superseded: 16/05/2019

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Point in time view as at 01/04/2008.

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[F1Part 2 E+WInterpretation: main terms

Textual Amendments

F1 Sch. 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 )

IntroductionE+W

5E+WThis Part applies for the purposes of this Schedule.

Detained residentE+W

6E+WDetained resident” means a person detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty.

Relevant person etcE+W

7E+WIn relation to a person who is, or is to be, a detained resident—

  • relevant person” means the person in question;

  • relevant hospital or care home” means the hospital or care home in question;

  • relevant care or treatment” means the care or treatment in question.

AuthorisationsE+W

8E+WStandard authorisation” means an authorisation given under Part 4.

9E+WUrgent authorisation” means an authorisation given under Part 5.

10E+WAuthorisation under this Schedule” means either of the following—

(a)a standard authorisation;

(b)an urgent authorisation.

11(1)The purpose of a standard authorisation is the purpose which is stated in the authorisation in accordance with paragraph 55(1)(d).E+W

(2)The purpose of an urgent authorisation is the purpose which is stated in the authorisation in accordance with paragraph 80(d).]

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