Mental Capacity Act 2005

[F1 Part 2 E+W Interpretation: main terms

Textual Amendments

F1 Sch. A1 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)

Introduction E+W

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

Detained resident E+W

6 E+W “Detained 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 etc E+W

7 E+W In 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.

Authorisations E+W

8 E+W “Standard authorisation” means an authorisation given under Part 4.

9 E+W “Urgent authorisation” means an authorisation given under Part 5.

10 E+W “Authorisation 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).]