Mental Capacity Act 2005

64 Interpretation

(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),

• “the 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” 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.