Run a healthcare business
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UK Act of Parliament
2005
United Kingdom
Mental Capacity Act 2005
At a glance
Enforced by
CIW, CQC, HMCTS, UK Government
What's here
74 compliance obligations, 2 practical guides · 2 journeys
Penalty landscape
2 of 74 obligations carry up to 2 years imprisonment. 2 carry different penalties and 70 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 27
- Occupier 2
- Employer 2
Plus 43 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Respond to a CQC investigation or enforcement action
- 1 step
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Persons who lack capacity
Payment for necessary goods and services
- Pay a reasonable price for necessary goods and services Any Person
Consulting carers etc.
- Consult carers before including people without capacity in research Any Person
Additional safeguards
- Protect and withdraw research participants who lack mental capacity Any Person
Person becomes subject to Schedule A1
- Notify the local authority if a resident lacks an advocate Any Person
Person unrepresented whilst subject to Schedule A1
- Notify the local authority if a person loses their representative Any Person
Person subject to Schedule A1 without paid representative
Other duties (1) — Crown / regulator
- Supervisory body must appoint an advocate for unrepresented persons Local authority
Codes of practice
- Follow the Mental Capacity Act Code of Practice Any Person
Codes of practice: procedure
Other duties (1) — Crown / regulator
- Lord Chancellor must follow procedure to issue or revise Codes of Practice Crown / Minister / Government department
Ill-treatment or neglect
5 years imprisonment- Ill‑treat or wilfully neglect a person lacking capacity Any Person
Browse 44 other sections in this Part — procedural / definitional / commencement
The principles
People who lack capacity
Inability to make decisions
Best interests
Restriction on deprivation of liberty
Deprivation of liberty necessary for life-sustaining treatment etc
Acts in connection with care or treatment
Section 5 acts: limitations
Expenditure
Lasting powers of attorney
Appointment of donees
Lasting powers of attorney: restrictions
Scope of lasting powers of attorney: gifts
Revocation of lasting powers of attorney etc.
Protection of donee and others if no power created or power revoked
Power to make declarations
Powers to make decisions and appoint deputies: general
Section 16 powers: Mental Health Act patients etc
Section 16 powers: personal welfare
Section 16 powers: property and affairs
Appointment of deputies
Restrictions on deputies
Transfer of proceedings relating to people under 18
Powers of court in relation to Schedule A1
Powers of court in relation to validity of lasting powers of attorney
Powers of court in relation to operation of lasting powers of attorney
Advance decisions to refuse treatment: general
Validity and applicability of advance decisions
Effect of advance decisions
Family relationships etc.
Mental Health Act matters
Voting rights
Research
Requirements for approval
Loss of capacity during research project
Appointment of independent mental capacity advocates
Functions of independent mental capacity advocates
Provision of serious medical treatment by NHS body
Provision of accommodation by NHS body
Provision of accommodation by local authority
Section 39A: supplementary provision
Limitation on duty to instruct advocate under section 39D
Exceptions
Power to adjust role of independent mental capacity advocate
Part 2 — The Court of Protection and the Public Guardian
Fees
Other duties (1) — Crown / regulator
- Lord Chancellor must set and publicise Court of Protection fees Crown / Minister / Government department
Functions of the Public Guardian
Other duties (1) — Crown / regulator
- Public Guardian must supervise deputies and maintain registers Statutory regulator
Annual report
Other duties (1) — Crown / regulator
- Public Guardian must report annually to the Lord Chancellor Statutory regulator
Browse 14 other sections in this Part — procedural / definitional / commencement
The Court of Protection
The judges of the Court of Protection
General powers and effect of orders etc.
Interim orders and directions
Power to call for reports
Applications to the Court of Protection
Court of Protection Rules
Practice directions
Rights of appeal
Costs
Fees and costs: supplementary
The Public Guardian
Public Guardian Board
Court of Protection Visitors
Part 3 — Miscellaneous and general
Browse 8 other sections in this Part — procedural / definitional / commencement
Schedules
Lasting powers of attorney: formalities
2 years imprisonment- Make false statement in lasting power of attorney registration Any Person
(1) If it appears to the Public Guardian that an...
Other duties (1) — Crown / regulator
- Public Guardian must check and register lasting powers of attorney correctly Crown / Minister / Government department
(1) Sub-paragraph (2) applies if it appears to the Public...
Other duties (1) — Crown / regulator
- Public Guardian must not register LPA if conflict with deputy exists Crown / Minister / Government department
(1) Sub-paragraph (2) applies if a donee or a named...
Other duties (1) — Crown / regulator
- Public Guardian must not register LPA if valid objection received unless court directs Crown / Minister / Government department
(1) This paragraph applies if the donor—
Other duties (1) — Crown / regulator
- If donor objects, court must decide on registration Tribunal / Court
Where an instrument is registered under this Schedule, the Public...
Other duties (1) — Crown / regulator
- Public Guardian must notify the donor and donees when a power of attorney is registered Statutory regulator
(1) The Public Guardian must cancel the registration of an...
Other duties (1) — Crown / regulator
- Public Guardian must cancel LPA registration on bankruptcy or revocation Statutory regulator
If the Public Guardian attaches a note to an instrument...
Other duties (1) — Crown / regulator
- Public Guardian must notify donee of note attached to instrument Statutory regulator
(1) An application to the Public Guardian for the registration...
Unlimited fine- Make a false statement in lasting power of attorney application Any Person
Subject to paragraphs 11 to 14, the Public Guardian must...
Other duties (1) — Crown / regulator
- Public Guardian must register lasting power of attorney after prescribed period Crown / Minister / Government department
As soon as is practicable after receiving an application by...
Other duties (1) — Crown / regulator
- Public Guardian must notify donee on receipt of lasting power of attorney application Crown / Minister / Government department
(1) As soon as is practicable after receiving an application...
Other duties (1) — Crown / regulator
- Public Guardian must notify donor and other donees of application Crown / Minister / Government department
Provisions applying to existing enduring powers of attorney
2 years imprisonment- Make false statement in registration application Any Person
(1) Subject to sub-paragraph (2), before making an application for...
- Notify other attorneys before applying for registration Any Person
(1) If an application is made in accordance with paragraph...
Other duties (1) — Crown / regulator
- Public Guardian must register or refuse lasting power of attorney applications Statutory regulator
(1) An instrument which appoints more than one person to...
- Notify other attorneys when applying to register an enduring power Any Person
Subject to paragraph 7, before making an application for registration...
- Notify entitled persons before applying for registration of enduring power Any Person
(1) Subject to sub-paragraph (2), before making an application for...
- Attorney must give notice to donor before applying for registration Any Person
(1) If the supervisory body are to carry out a...
Other duties (1) — Crown / regulator
- Supervisory body must notify relevant persons before reviewing standard authorisation Local authority
(1) In carrying out a review assessment, the assessor must...
Other duties (1) — Crown / regulator
- Assessors must follow Part 4 duties during review assessments Statutory regulator
(1) When the review of the standard authorisation is complete,...
Other duties (1) — Crown / regulator
- Supervisory body must notify managing authority and relevant person of review outcome Local authority
A supervisory body must keep a written record of the...
Other duties (1) — Crown / regulator
- Supervisory body must keep written records of review requests and outcomes Local authority
(1) It is for the supervisory body to select a...
Other duties (1) — Crown / regulator
- Supervisory body must select suitable assessors and avoid conflicts Local authority
In carrying out an assessment under this Schedule, the assessor...
Other duties (1) — Crown / regulator
- Assessors must consider information from representatives and IMCAs Statutory regulator
(1) This paragraph applies if an assessment under this Schedule...
Other duties (1) — Crown / regulator
- Supervisory body must stop other assessments when a qualifying requirement is not met Local authority
(1) This paragraph applies if an assessor has carried out...
Other duties (1) — Crown / regulator
- Assessors must record and submit Mental Capacity Act assessments Crown / Minister / Government department
(1) This paragraph applies to the supervisory body if—
Other duties (1) — Crown / regulator
- Supervisory body must notify of unauthorised deprivation of liberty Local authority
(1) The supervisory body must appoint a person to be...
Other duties (1) — Crown / regulator
- Supervisory body must appoint a person as the relevant person's representative Local authority
(1) The selection of a person for appointment under paragraph...
Other duties (1) — Crown / regulator
- Supervisory body must ensure prospective representative will maintain contact, represent and support the relevant person Local authority
(1) The managing authority of a hospital or care home...
- Keep written records of standard authorisation requests Any Person
(1) In carrying out a best interests assessment, the assessor...
- Provide copies of needs assessments and care plans to the best interests assessor Any Person
(1) The supervisory body are not required by paragraph 33...
Other duties (1) — Crown / regulator
- Supervisory body may use existing assessment instead of commissioning new one Local authority
(1) The supervisory body must give a standard authorisation if—...
Other duties (1) — Crown / regulator
- Supervisory body must grant standard authorisation if all assessments are positive Local authority
(1) If the supervisory body are required to give a...
Other duties (1) — Crown / regulator
- Supervisory body must set standard authorisation period Local authority
(1) A standard authorisation may be given subject to conditions....
- Ensure conditions on deprivation-of-liberty authorisation are met Occupier
(1) This paragraph applies if— (a) a request is made...
Other duties (1) — Crown / regulator
- Supervisory body must give copies of standard authorisation to specified persons Local authority
(1) This paragraph applies if— (a) a request is made...
Other duties (1) — Crown / regulator
- Supervisory body must notify prohibition of standard authorisation Local authority
(1) This paragraph applies if a standard authorisation is given....
- Inform the person of their rights when a standard authorisation is given Any Person
A supervisory body must keep a written record of all...
Other duties (1) — Crown / regulator
- Supervisory body must keep written records of DoLS authorisations Local authority
(1) This paragraph applies if a standard authorisation ceases to...
Other duties (1) — Crown / regulator
- Supervisory body must notify all parties when a standard authorisation ends Local authority
(1) This paragraph applies if an eligible person requests the...
Other duties (1) — Crown / regulator
- Supervisory body must decide on unauthorised deprivation of liberty request and appoint an assessor Local authority
(1) This paragraph applies if— (a) the supervisory body obtain...
- Provide required information to supervisory body when detention is unauthorised Any Person
(1) This paragraph applies if— (a) the supervisory body obtain...
Other duties (1) — Crown / regulator
- Supervisory body must notify assessment outcome when person is not a detained resident Local authority
(1) This paragraph applies if— (a) the supervisory body obtain...
Other duties (1) — Crown / regulator
- Supervisory body must notify of detention assessment outcome Local authority
(1) If the managing authority decide to give an urgent...
- Set the period for urgent authorisation (max 7 days) Occupier
(1) This paragraph applies if an urgent authorisation is given....
- Keep written records of urgent authorisation and provide copies Any Person
(1) This paragraph applies if an urgent authorisation is given....
- Ensure the person understands the urgent authorisation and their right to apply to the court Employer
(1) This paragraph applies if the managing authority make a...
- Keep written record and notify individual when requesting extension of authorisation Any Person
(1) This paragraph applies if, under paragraph 84, the supervisory...
- Managing authority must vary authorisation within 7-day extension Any Person
(1) This paragraph applies if, under paragraph 84, the supervisory...
- Give copy of non-extension notice to resident and their IMCA Any Person
(1) This paragraph applies if an urgent authorisation ceases to...
Other duties (1) — Crown / regulator
- Supervisory body must notify when urgent authorisation ends Local authority
(1) This paragraph applies if the managing authority give the...
Other duties (1) — Crown / regulator
- Supervisory body must notify suspension of standard authorisation Local authority
(1) This paragraph applies if the managing authority give the...
Other duties (1) — Crown / regulator
- Supervisory body must notify relevant persons when a standard authorisation is no longer suspended Local authority
(1) After authorising arrangements the responsible body must, without delay,...
- Send authorisation record copies without delay Employer
(1) A statement for the purposes of paragraph 19(a) is...
- Care home manager must prepare a written statement for deprivation of liberty authorisation Any Person
(1) A pre-authorisation review for the purposes of paragraph 18(e)...
Other duties (1) — Crown / regulator
- Ensure pre-authorisation reviewer is independent and refer certain cases to Approved Mental Capacity Professional Local authority
(1) An authorisation has effect from the time at which...
- Authorisation starts when given, with a maximum 28-day delay Any Person
If an authorisation of arrangements ceases to have effect (in...
Other duties (1) — Crown / regulator
- Notify staff if deprivation of liberty authorisation ends Local authority
(1) A statement for the purposes of paragraph 35(a) is...
- Care home manager must provide written renewal statement to continue deprivation of liberty authorisation Any Person
(1) In this paragraph “ the reviewer ” means the...
- Carry out and report on reviews of care home arrangements Any Person
(1) The responsible body must take all reasonable steps to...
Other duties (1) — Crown / regulator
- Appoint an IMCA for cared-for persons under certain conditions Local authority
(1) If the cared-for person has an appropriate person, the...
- Appoint an IMCA to support the appropriate person of a cared-for person Any Person
Browse 364 other Schedules — structural / supplementary
Minor and consequential amendments
Repeals
(1) An instrument is not made in accordance with this...
The court may— (a) on the application of the donor,...
(1) A document purporting to be an office copy of...
The court must direct the Public Guardian to cancel the...
(1) Sub-paragraph (2) applies if the court determines under section...
(1) The instrument must include— (a) the prescribed information about...
On the cancellation of the registration of an instrument, the...
If in the case of a registered instrument it appears...
If in the case of a registered instrument it appears...
If in the case of a registered instrument it appears...
If in the case of a registered instrument the court...
(1) If an instrument differs in an immaterial respect in...
(1) A donor about to make an application under paragraph...
(1) A notice under paragraph 6 must be made in...
Persons ineligible to be deprived of liberty by this Act
This Schedule applies for the purposes of—
P is subject to the guardianship regime if he is...
(1) An England and Wales enactment is an enactment which...
(1) P is within the scope of the Mental Health...
In a case where this Schedule applies for the purposes...
In a case where this Schedule applies for the purposes...
(1) This paragraph applies where the question whether a person...
(1) These expressions have the meanings given— “ donee ”...
(1) “ Hospital ” has the same meaning as in...
A person (“P”) is ineligible to be deprived of liberty...
(1) This paragraph applies in cases B, C and D...
(1) This paragraph applies in cases B and C in...
(1) This paragraph applies in cases D and E in...
This Part applies for the purposes of this Schedule.
The mental health regimes are— (a) the hospital treatment regime,...
(1) P is subject to the hospital treatment regime if...
P is subject to the community treatment regime if he...
Property and affairs: supplementary provisions
Paragraphs 2 to 4 apply in relation to the execution...
(1) Any functions which P has as patron of a...
The will may make any provision (whether by disposing of...
(1) Sub-paragraph (2) applies if under section 16 the court...
(1) This paragraph applies where a will is executed in...
(1) If provision is made by virtue of section 18...
(1) If a settlement has been made by virtue of...
(1) Sub-paragraph (2) applies if the court is satisfied—
(1) Sub-paragraphs (2) and (3) apply if—
(1) Sub-paragraph (2) applies if the court has ordered or...
International protection of adults
This Part applies for the purposes of this Schedule.
A reference in this Schedule to the exercise of jurisdiction...
In exercising jurisdiction under this Schedule, the court may, if...
Where a protective measure is taken in one country but...
(1) If the donor of a lasting power is habitually...
(1) Where a lasting power is not exercised in a...
Regulations may provide for Schedule 1 (lasting powers of attorney:...
(1) This paragraph applies where a person (a “representative”) in...
Where the court is entitled to exercise jurisdiction under this...
Nothing in this Part of this Schedule requires or enables...
(1) A protective measure taken in relation to an adult...
(1) “Convention” means the Convention referred to in section 63....
(1) An interested person may apply to the court for...
For the purposes of paragraphs 19 and 20, any finding...
(1) An interested person may apply to the court for...
(1) This paragraph applies where— (a) provision giving effect to,...
The court may not review the merits of a measure...
Court of Protection Rules may make provision about an application...
(1) This paragraph applies where a public authority proposes to...
A proposal received by a public authority under Article 33...
(1) This paragraph applies if a public authority is told...
A public authority may not request from, or send to,...
(1) “Country” includes a territory which has its own system...
A certificate given under Article 38 by an authority in...
Her Majesty may by Order in Council confer on the...
(1) Regulations may make provision— (a) giving further effect to...
Nothing in this Schedule applies, and no provision made under...
A reference in this Schedule to regulations or an order...
The following provisions of this Schedule have effect only if...
(1) “Adult” means subject to sub-paragraph (2) a person who—...
(1) “Protective measure” means a measure directed to the protection...
(1) Any function under the Convention of a Central Authority...
(1) The court may exercise its functions under this Act...
(1) The court may also exercise its functions under this...
(1) This paragraph applies where jurisdiction is exercisable under this...
(1) Where an individual has created a power of attorney...
A notice to the donor under this Part of this...
Despite section 7 of the Interpretation Act 1978 (c. 30)...
The Public Guardian has the function of establishing and maintaining...
(1) The effect of the registration of an instrument under...
(1) Where an instrument has been registered under paragraph 13,...
The Public Guardian must cancel the registration of an instrument...
(1) Sub-paragraphs (2) and (3) apply where an instrument which...
(1) If— (a) an instrument framed in a form prescribed...
(1) Subject to sub-paragraphs (5) and (6) and paragraph 20,...
(1) In paragraph 2(5), the reference to the time when...
(1) In paragraph 2(7), the reference to the bankruptcy of...
(1) In this Schedule— “enduring power” is to be construed...
(1) If the instrument which creates an enduring power of...
(1) Sub-paragraphs (2) to (6) apply if the attorney under...
(1) Subject to sub-paragraphs (2) to (4), persons of the...
(1) An attorney is not required to give notice under...
A notice to relatives under this Part of this Schedule...
Transitional provisions and savings
(1) This paragraph applies where, immediately before the commencement day,...
In this Part of this Schedule— (a) “the commencement day”...
(1) Any order or determination made, or other thing done,...
(1) An application for the exercise of a power under...
(1) The 1985 Act and, so far as relevant, the...
(1) Section 2(8) of the 1985 Act (which prevents a...
In this Part of this Schedule, “the commencement day” means...
(1) Any order or appointment made, direction or authority given...
(1) Any application for the exercise of a power under...
(1) Part 7 of the Mental Health Act and the...
All fees and other payments which, having become due, have...
(1) The records of the former Court of Protection are...
This Act does not affect the operation in relation to...
Paragraph 8(1) of Schedule 2 applies in relation to any...
Court of Protection Rules may provide that, in a case...
(1) The Fines and Recoveries Act 1833 (c. 74) is...
In section 12(1)(b) of the Administration of Justice Act 1960...
In section 26 of the Industrial and Provident Societies Act...
In Schedule 1 to the Compulsory Purchase Act 1965 (c....
(1) For section 26(2) of the Leasehold Reform Act 1967...
In section 72 of the Medicines Act 1968 (c. 67)...
For section 21(4) of the Family Law Reform Act 1969...
(1) Schedule 1 to the Local Authority Social Services Act...
In Part 1A of Schedule 2 to the Courts Act...
(1) Omit section 118 of the Local Government Act 1972...
In section 40 of the Matrimonial Causes Act 1973 (c....
In section 68 of the Improvement of Land Act 1864...
In Schedule 1 to the Juries Act 1974 (c. 23)...
For section 37(1)(c) of the Consumer Credit Act 1974 (c....
(1) The Solicitors Act 1974 (c. 47) is amended as...
In section 31 of the Local Government (Miscellaneous Provisions) Act...
In section 3(2) of the Sale of Goods Act 1979...
In section 38 of the Limitation Act 1980 (c. 58)...
In section 57(2)(c) of the Public Passenger Vehicles Act 1981...
In Schedule 1 to the Judicial Pensions Act 1981 (c....
In Schedule 2 to the Supreme Court Act 1981 (c....
(1) The Mental Health Act is amended as follows.
(1) The Trustee Act 1925 (c. 19) is amended as...
In section 18(3) of the Administration of Justice Act 1985...
(1) The Insolvency Act 1986 (c. 45) is amended as...
In section 102D(9) of the Building Societies Act 1986 (c....
In section 3 of the Public Trustee and Administration of...
(1) The Patronage (Benefices) Measure 1986 (No. 3) is amended...
(1) The Courts and Legal Services Act 1990 (c. 41)...
In section 50 of the Child Support Act 1991 (c....
In section 123 of the Social Security Administration Act 1992...
(1) The Judicial Pensions and Retirement Act 1993 (c. 8)...
(1) For paragraph 4 of Schedule 2 to the Leasehold...
(1) The Law of Property Act 1925 (c. 20) is...
(1) The Goods Vehicles (Licensing of Operators) Act 1995 (c....
In section 20(7) of the Disability Discrimination Act 1995 (c....
(1) The Trusts of Land and Appointment of Trustees Act...
In section 4(5) of the Human Rights Act 1998 (c....
In paragraph 1 of Schedule 2 to the Access to...
In section 52(1)(a) of the Adoption and Children Act 2002...
(1) The Licensing Act 2003 (c. 17) is amended as...
(1) The Courts Act 2003 (c. 39) is amended as...
(1) The Administration of Estates Act 1925 (c. 23) is...
In section 49 of the National Assistance Act 1948 (c....
In section 1 of the U.S.A. Veterans' Pensions (Administration) Act...
In Schedule 2 to the Intestates' Estates Act 1952 (c....
In section 1 of the Variation of Trusts Act 1958...
(1) This Part applies if the following conditions are met....
“ Authorisation under this Schedule ” means either of the...
(1) The new supervisory body becomes the supervisory body in...
(1) This Part applies if a standard authorisation—
(1) The supervisory body may at any time carry out...
(1) An eligible person may, at any time, request the...
(1) Paragraphs 105 to 107 set out the grounds on...
(1) Any of the following qualifying requirements is reviewable on...
(1) Any of the following qualifying requirements is reviewable on...
(1) The best interests requirement is reviewable on the ground...
To start a review of the standard authorisation, the supervisory...
(1) The purpose of a standard authorisation is the purpose...
(1) This paragraph applies if no qualifying requirements appear to...
(1) This paragraph applies if one or more qualifying requirements...
(1) A review assessment is an assessment of whether the...
(1) This paragraph applies in a case where—
(1) This paragraph applies in a case where—
(1) This paragraph applies if the following conditions are met....
(1) This paragraph applies if one or more of the...
(1) The review of the standard authorisation is complete in...
Any variation of the standard authorisation made under this Part...
(1) These are the qualifying requirements referred to in this...
(1) This paragraph applies if a standard authorisation is suspended...
(1) This paragraph applies if, in accordance with paragraph 24...
(1) This paragraph applies if— (a) a review under this...
In paragraphs 123 and 124— (a) the existing authorisation is...
This Part contains provision about assessments under this Schedule.
An assessment under this Schedule is either of the following—...
In this Part, in relation to an assessment under this...
The relevant person meets the age requirement if he has...
(1) This paragraph applies to regulations under paragraph 129(3).
An assessor may, at all reasonable times, examine and take...
(1) This paragraph applies to the supervisory body if they...
In this Schedule the relevant person's representative is the person...
(1) Regulations may make provision about the selection and appointment...
(1) The relevant person meets the mental health requirement if...
(1) Any appointment of a representative for a relevant person...
Appointment regulations may provide that the procedure for appointing a...
(1) Appointment regulations may make provision about who is to...
(1) Appointment regulations may make provision about who may, or...
Appointment regulations may make provision about the formalities of appointing...
In a case where a best interests assessor is to...
Regulations may make provision requiring the managing authority of the...
Regulations may make provision about the circumstances in which the...
Regulations may make provision about the formalities of ending the...
The relevant person meets the mental capacity requirement if he...
(1) Regulations may make provision about the circumstances in which...
Regulations may make provision for payments to be made to,...
The provisions of this Part which specify provision that may...
Paragraphs 159 and 160 make provision about the exercise of...
This Part applies for the purposes of this Schedule.
A section 39A IMCA is an independent mental capacity advocate...
A section 39C IMCA is an independent mental capacity advocate...
A section 39D IMCA is an independent mental capacity advocate...
An IMCA is a section 39A IMCA or a section...
(1) This paragraph applies if, and for as long as,...
(1) The relevant person meets the best interests requirement if...
(1) This paragraph applies if— (a) a person is appointed...
(1) This paragraph applies if— (a) there is a section...
(1) Regulations may make provision for, and in connection with,...
(1) Regulations may make provision for, and in connection with,...
(1) Regulations may require either or both of the following...
(1) The National Assembly for Wales may direct a Local...
(1) This paragraph applies where, under paragraph 165, a Local...
(1) Directions under paragraph 165 must be given in regulations....
The power under paragraph 165 or paragraph 166 to give...
Any notice under this Schedule must be in writing.
(1) The relevant person meets the eligibility requirement unless he...
(1) This paragraph applies to all regulations under this Schedule,...
It is for the Secretary of State to make regulations...
It is for the National Assembly for Wales to make...
(1) This paragraph applies to regulations under paragraph 183.
This Part applies for the purposes of this Schedule.
(1) “ Hospital ” means— (a) an NHS hospital, or...
(1) “ Managing authority ”, in relation to an NHS...
“ Managing authority ”, in relation to an independent hospital,...
“Care home” means— (a) a care home in England within...
“ Managing authority ”, in relation to a care home,...
The relevant person meets the no refusals requirement unless there...
(1) The identity of the supervisory body is determined under...
(1) The identity of the supervisory body is determined under...
(1) The identity of the supervisory body is determined under...
(1) Subsections (5) and (6) of section 24 of the...
(1) This paragraph applies if, in connection with a particular...
Each of the following is an interested person—
(1) An interested person consulted by the best interests assessor...
Where this Schedule imposes on a person a duty towards...
The following table contains an index of provisions defining or...
(1) There is a refusal if these conditions are met—...
The managing authority of the hospital or care home may...
(1) There is a refusal if it would be in...
Only the supervisory body may give a standard authorisation.
The supervisory body may not give a standard authorisation unless—...
The managing authority may not make a request for a...
(1) The managing authority must request a standard authorisation in...
(1) The relevant managing authority must request a standard authorisation...
(1) This paragraph applies for the purposes of paragraph 25....
(1) This paragraph applies if, by virtue of section 4A(3),...
(1) This paragraph applies if— (a) a managing authority request...
(1) This paragraph applies if a standard authorisation—
(1) This paragraph applies to any act which a person...
(1) This paragraph applies if— (a) a standard authorisation has...
A request for a standard authorisation must include the information...
(1) This paragraph applies if the supervisory body are requested...
An age assessment is an assessment of whether the relevant...
A mental health assessment is an assessment of whether the...
When carrying out a mental health assessment, the assessor must...
A mental capacity assessment is an assessment of whether the...
A best interests assessment is an assessment of whether the...
(1) Paragraphs 2 and 3 do not exclude a person's...
(1) This paragraph applies whatever conclusion the best interests assessment...
Paragraphs 42 and 43 apply if the best interests assessment...
(1) The assessor must state in the assessment the maximum...
The assessor may include in the assessment recommendations about conditions...
(1) This paragraph applies if the best interests assessment comes...
The duties with which the best interests assessor must comply...
An eligibility assessment is an assessment of whether the relevant...
(1) Regulations may— (a) require an eligibility assessor to request...
A no refusals assessment is an assessment of whether the...
This Part applies for the purposes of this Schedule.
A standard authorisation may provide for the authorisation to come...
A standard authorisation must be in writing.
(1) A standard authorisation must state the following things—
(1) If the name of the relevant hospital or care...
“ Detained resident ” means a person detained in a...
(1) A standard authorisation may not be varied except in...
(1) This paragraph applies where the managing authority request a...
(1) A standard authorisation comes into force when it is...
(1) A standard authorisation ceases to be in force at...
A request for a standard authorisation is to be regarded...
For the purposes of paragraphs 68 to 73 there is...
(1) If the following conditions are met, an eligible person...
In relation to a person who is, or is to...
(1) Regulations may be made about the period within which...
Only the managing authority of the relevant hospital or care...
The managing authority may give an urgent authorisation only if...
(1) The managing authority must give an urgent authorisation in...
(1) This paragraph applies where the managing authority have given...
An urgent authorisation must be in writing.
“ Standard authorisation ” means an authorisation given under Part...
An urgent authorisation must state the following things—
(1) If the name of the relevant hospital or care...
(1) An urgent authorisation may not be varied except in...
An urgent authorisation comes into force when it is given....
(1) An urgent authorisation ceases to be in force at...
“ Urgent authorisation ” means an authorisation given under Part...
(1) This Part applies if the following conditions are met....
The managing authority of the relevant hospital or care home...
(1) This paragraph applies if, whilst the standard authorisation is...
(1) This paragraph applies if no notice is given under...
The effect of suspending the standard authorisation is that Part...
(1) This Part applies if these conditions are met.
For the purposes of this Part there is a change...
In this Schedule— Part 1 (this Part) describes the arrangements...
(1) In paragraph 6(1)(e), “ responsible local authority ”, in...
“ English responsible body ” means— (a) a hospital manager...
“ Welsh responsible body ” means— (a) a hospital manager...
The authorisation conditions are that— (a) the cared-for person lacks...
(1) The following must publish information about authorisation of arrangements...
(1) Where arrangements are proposed, the responsible body must as...
The responsible body may authorise arrangements— (a) under paragraph 18,...
The conditions in this paragraph are that—
The conditions in this paragraph are that—
(1) This Schedule applies to arrangements— (a) for enabling the...
(1) The determinations required by this paragraph are—
(1) The determination required by this paragraph is a determination...
(1) Consultation under this paragraph must be carried out—
(1) If the review is by an Approved Mental Capacity...
If the review is not by an Approved Mental Capacity...
(1) An authorisation record is a record relating to a...
(1) An authorisation ceases to have effect (if not renewed)—...
In this Schedule— “ Approved Mental Capacity Professional ” means...
(1) This paragraph applies if an authorisation ceases to have...
(1) The responsible body may, on one or more occasions,...
The responsible body may renew an authorisation—
The conditions in this paragraph are that—
The conditions in this paragraph are that—
The responsible body may vary an authorisation if the responsible...
Each local authority must make arrangements— (a) for persons to...
(1) “ Local authority ” means— (a) in England—
(1) The appropriate authority may by regulations—
(1) Paragraphs 42 and 43 apply to the responsible body...
(1) The appropriate authority may by regulations make provision for,...
This Schedule does not apply to arrangements if—
For the purposes of this Schedule arrangements in relation to...
This paragraph applies if— (a) P is subject to the...
This paragraph applies if— (a) P is subject to the...
This paragraph applies if P is subject to—
(1) “ NHS hospital ” means— (a) a health service...
(1) This paragraph applies if the following conditions are met....
(1) This paragraph applies if the following conditions are met....
(1) In determining whether P objects, regard must be had...
(1) P is subject to the hospital treatment regime if...
In this Part— “ donee ” means a donee of...
In “medical treatment for mental disorder”— (a) “ medical treatment...
A decision of a donee or deputy is valid if...
(1) In this Schedule “ mental health requirements ” means...
Until the repeal of section 324 of the Education Act...
(1) The responsible body, in relation to a cared-for person,...
(1) “ Hospital manager ”, in relation to an NHS...
In paragraph 6(1)(d) “ NHS continuing healthcare ” is to...
(1) In paragraph 6(1)(b), “ responsible local authority ”, in...
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Browse 2 other sections
Deprivation of liberty: authorisation of arrangements enabling care and treatment
Hospital and care home residents: deprivation of liberty
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- DoLS — forms and guidance (opens in a new tab) Detailed Guidance
- Ofsted — the children's social care regulator (opens in a new tab) Detailed Guidance
- CQC — register as a new provider (opens in a new tab) Detailed Guidance
- Terms and conditions for the Boiler Upgrade Scheme Property Owner Consent Portal | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- Terms and conditions for the Boiler Upgrade Scheme installer portal | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- Code E: Licensing | Human Tissue Authority (opens in a new tab) from HTA Code of Practice
- Code E: Consent | Human Tissue Authority (opens in a new tab) from HTA Code of Practice
- Principles of Treatment and care towards the end of life - professional standards - GMC (opens in a new tab) from GMC Detailed Guidance
- Treatment and care towards the end of life - professional standards - GMC (opens in a new tab) from GMC Detailed Guidance
- Decision-making models - professional standards - GMC (opens in a new tab) from GMC Detailed Guidance
- ... and 75 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
CIW
PrimaryCare Inspectorate Wales
Registers and inspects social care and childcare services in Wales. Regulates care homes, domiciliary care, children's homes, and childminders.
Care Quality Commission
Independent regulator of health and social care in England. Registers, monitors, inspects and rates hospitals, care homes, GP practices, dental surgeries, and …
HM Courts & Tribunals Service
Executive agency responsible for the administration of criminal, civil, and family courts and tribunals in England and Wales. Publishes court forms, fees, …
UK Government (Cross-Departmental)
Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …
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Learn more about the bodies that enforce this legislation.