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Mental Capacity Act 2005

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64 InterpretationE+W

This sectionnoteType=Explanatory Notes has no associated

(1)In this Act—

  • the 1985 Act” means the Enduring Powers of Attorney Act 1985 (c. 29),

  • advance decision” has the meaning given in section 24(1),

  • [F1authorisation under Schedule A1”means either—

    (a)

    a standard authorisation under that Schedule, or

    (b)

    an urgent authorisation under that Schedule.]

  • F1the court” means the Court of Protection established by section 45,

  • Court of Protection Rules” has the meaning given in section 51(1),

  • Court of Protection Visitor” has the meaning given in section 61,

  • deputy” has the meaning given in section 16(2)(b),

  • enactment” includes a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

  • health record” has the meaning given in section 68 of the Data Protection Act 1998 (c. 29) (as read with section 69 of that Act),

  • the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 (c. 42),

  • independent mental capacity advocate” has the meaning given in section 35(1),

  • lasting power of attorney” has the meaning given in section 9,

  • life-sustaining treatment” has the meaning given in section 4(10),

  • local authority[F2, except in Schedule A1,]F2 means—

    (a)

    the council of a county in England in which there are no district councils,

    (b)

    the council of a district in England,

    (c)

    the council of a county or county borough in Wales,

    (d)

    the council of a London borough,

    (e)

    the Common Council of the City of London, or

    (f)

    the Council of the Isles of Scilly,

  • Mental Health Act” means the Mental Health Act 1983 (c. 20),

  • prescribed”, in relation to regulations made under this Act, means prescribed by those regulations,

  • property” includes any thing in action and any interest in real or personal property,

  • public authority” has the same meaning as in the Human Rights Act 1998,

  • Public Guardian” has the meaning given in section 57,

  • purchaser” and “purchase” have the meaning given in section 205(1) of the Law of Property Act 1925 (c. 20),

  • social services function” has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),

  • treatment” includes a diagnostic or other procedure,

  • trust corporation” has the meaning given in section 68(1) of the Trustee Act 1925 (c. 19), and

  • will” includes codicil.

(2)In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.

(3)In this Act, references to the bankruptcy of an individual include a case where a bankruptcy restrictions order under the Insolvency Act 1986 (c. 45) has effect in respect of him.

(4)Bankruptcy restrictions order” includes an interim bankruptcy restrictions order.

[F3(5)In this Act, references to deprivation of a person's liberty have the same meaning as in Article 5(1) of the Human Rights Convention.

(6)For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not.F3]

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Amendments (Textual)

F1S. 64(1): definition of "authorisation under Schedule A1" inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 10(2); S.I. 2008/745, art. 4(b)

Commencement Information

I1S. 64 wholly in force at 1.10.2007; s. 64 not in force at Royal Assent see s. 68(1)-(3); s. 64 in force for certain purposes at 1.4.2007 by S.I. 2007/563, art. 2(4); and s. 64 in force for all purposes at 1.10.2007 by S.I. 2007/1897, art. 2(2)(f)

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