Citation, commencement, extent and interpretation1

1

These Regulations may be cited as the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006.

2

These Regulations shall come into force—

a

for the purpose of enabling the Secretary of State to make arrangements by virtue of regulation 2, on 1st November 2006, and

b

for all other purposes, on 1st April 2007.

3

These Regulations apply in relation to England only.

4

In these Regulations—

  • “the Act” means the Mental Capacity Act 2005;

  • “IMCA” means an independent mental capacity advocate; and

  • “NHS body” means a body in England which is—

    1. a

      a Strategic Health Authority;

    2. b

      an NHS foundation trust;

    3. c

      a Primary Care Trust;

    4. d

      an NHS Trust; or

    5. e

      a Care Trust.

5

In the definition of “NHS body” in paragraph (4)—

  • “Care Trust” means a body designated as a Care Trust under section 45 of the Health and Social Care Act 20012;

  • “NHS foundation trust” has the meaning given in section 1 of the Health and Social Care (Community Health and Standards) Act 20033;

  • “NHS trust” means a body established under section 5 of the National Health Service and Community Care Act 19904;

  • “Primary Care Trust” means a body established under section 16A of the National Health Service Act 19775; and

  • “Strategic Health Authority” means a Strategic Health Authority established under section 8 of the National Health Service Act 19776.