The Mental Capacity Act 2005 (Commencement No.1) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the first commencement order under the Mental Capacity Act 2005 (c.9) (“the Act”).

Article 2 brings sections 30 (research), 31 (requirements for approval), 32 (consulting carers), 33 (additional safeguards) and 34 (loss of capacity during research project) of the Act into force on 1 April 2007 in respect of any research carried out as part of a project begun on or after 1 April 2007.

Article 3 brings sections 30 to 34 into force on 1 February 2007 for the purpose of enabling research applications to be made to, and determined by, an appropriate body.

Article 4 provides that where a research project has begun before 1 April 2007 and was approved before that date then sections 30 to 34 do not come into force until 1 April 2008.

Section 30 provides that intrusive research on or in relation to people without capacity is unlawful unless certain conditions, set out in that section and in sections 31 to 34, are complied with.

Article 5 brings sections 35 to 41 into force on 1 November 2006 for two purposes. The first is to enable the Secretary of State for Health to make arrangements under section 35 (appointment of independent mental capacity advocates) to enable independent mental capacity advocates to be available. The second is to enable local authorities to appoint independent mental capacity advocates in accordance with the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006.

Article 5 brings sections 35 to 41 fully into force on 1 April 2007.