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- Original (As enacted)
Mental Capacity Act 2005 is up to date with all changes known to be in force on or before 29 September 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 1 Persons who lack capacity
General powers of the court and appointment of deputies
Powers of the court in relation to lasting powers of attorney
Part 2 The Court of Protection and the Public Guardian
Part 3 Miscellaneous and general
SCHEDULES
Hospital and care home residents: deprivation of liberty
Part 2 Interpretation: main terms
Part 3 The qualifying requirements
Part 4 Standard authorisations
Request refused: no further request unless change of circumstances
38.A best interests assessment is an assessment of whether the...
39.(1) In carrying out a best interests assessment, the assessor...
40.(1) This paragraph applies whatever conclusion the best interests assessment...
41.Paragraphs 42 and 43 apply if the best interests assessment...
42.(1) The assessor must state in the assessment the maximum...
43.The assessor may include in the assessment recommendations about conditions...
44.(1) This paragraph applies if the best interests assessment comes...
45.The duties with which the best interests assessor must comply...
Effect of decision about request made under paragraph 25 or 30
When a request for a standard authorisation is “disposed of”
Right of third party to require consideration of whether authorisation needed
68.(1) If the following conditions are met, an eligible person...
69.(1) This paragraph applies if an eligible person requests the...
70.(1) Regulations may be made about the period within which...
71.(1) This paragraph applies if— (a) the supervisory body obtain...
72.(1) This paragraph applies if— (a) the supervisory body obtain...
73.(1) This paragraph applies if— (a) the supervisory body obtain...
Part 6 Eligibility requirement not met: suspension of standard authorisation
91.(1) This Part applies if the following conditions are met....
92.The managing authority of the relevant hospital or care home...
93.(1) This paragraph applies if the managing authority give the...
94.(1) This paragraph applies if, whilst the standard authorisation is...
95.(1) This paragraph applies if the managing authority give the...
96.(1) This paragraph applies if no notice is given under...
97.The effect of suspending the standard authorisation is that Part...
Part 7 Standard authorisations: change in supervisory responsibility
Part 9 Assessments under this Schedule
Part 10 Relevant person's representative
142.Appointment regulations may provide that the procedure for appointing a...
143.(1) Appointment regulations may make provision about who is to...
144.(1) Appointment regulations may make provision about who may, or...
145.Appointment regulations may make provision about the formalities of appointing...
Deprivation of liberty: authorisation of arrangements enabling care and treatment
Part 1 Introductory and interpretation
7.(1) “Hospital manager”, in relation to an NHS hospital, means—...
8.In paragraph 6(1)(d) “ NHS continuing healthcare” is to be...
9.(1) In paragraph 6(1)(b) , “responsible local authority”, in relation...
10.(1) In paragraph 6(1)(e) , “responsible local authority”, in relation...
11.“English responsible body” means— (a) a hospital manager of a...
12.“Welsh responsible body” means— (a) a hospital manager of a...
Part 3 Duration, renewal, variation and review of authorisation
Part 7 Excluded arrangements: mental health
50.(1) This paragraph applies if the following conditions are met....
51.(1) This paragraph applies if the following conditions are met....
52.(1) In determining whether P objects, regard must be had...
53.Mental health arrangements: the hospital treatment regime
55.In “medical treatment for mental disorder”— (a) “medical treatment” has...
Lasting powers of attorney: formalities
Part 3 Cancellation of registration and notification of severance
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