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Mental Capacity Act 2005 (Commencement) (Wales) Order 2007

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Title and interpretation

1.—(1) The title of this Order is the Mental Capacity Act 2005 (Commencement) (Wales) Order 2007.

(2) This Order applies to Wales.

(3) In this Order “the Act” (“y Ddeddf”) means the Mental Capacity Act 2005.

Commencement

2.  Subject to Articles 3 and 4, sections 30 to 34 (research) of the Act come into force on 1 October 2007.

3.  Sections 30 to 34 of the Act come into force on 1 July 2007 for the purpose of enabling applications for approval in relation to research to be made to, and determined by, an appropriate body.

4.  Sections 30 to 34 of the Act come into force on 1 October 2008 in respect of any research which is carried out as part of a research project which —

(a)begins before 1 October 2007; and

(b)is approved before 1 October 2007 by a committee established to advise on, or on matters which include, the ethics of research in relation to people who lack capacity to consent to it.

5.  Sections 35 to 41 (independent mental capacity advocate service) of the Act come into force on 1 October 2007.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(1)

D. Elis-Thomas

The Presiding Officer of the National Assembly

13 March 2007

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