SCHEDULES

SCHEDULE 9 U.K.Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

Part 1 U.K.Other amendments to Mental Capacity Act 2005

Section 64: Interpretation U.K.

10 (1) Section 64 is amended as follows. U.K.

(2) [F1 In subsection (1), insert at the appropriate place—

““authorisation under Schedule A1” means either—

(a) a standard authorisation under that Schedule, or

(b) an urgent authorisation under that Schedule.”]

(3) [F1 In subsection (1), in the definition of “local authority” after “ “local authority”” insert “ , except in Schedule A1, ”.]

(4) After subsection (4) insert—

“(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.”

Textual Amendments

F1 Sch. 9 para. 10(2)(3) omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 13