UK Act of Parliament 2005 United Kingdom

Mental Capacity Act 2005

An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
CIW, CQC, HMCTS, UK Government
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 80 obligations carry up to 2 years imprisonment. 2 carry different penalties and 76 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person30 Occupier2 Employer2

Plus 46 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Persons who lack capacity

9 of 53 sections shown
s.007 Payment for necessary goods and services (opens in a new tab) Regulated
  • Pay a reasonable price for necessary goods and servicesAny Person
s.032 Consulting carers etc. (opens in a new tab) Regulated
  • Consult carers before including people without capacity in researchAny Person
s.033 Additional safeguards (opens in a new tab) Regulated
  • Protect and withdraw research participants who lack mental capacityAny Person
s.039 Person becomes subject to Schedule A1 Regulated
  • Notify the local authority if a resident lacks an advocateAny Person
s.039 Person unrepresented whilst subject to Schedule A1 Regulated
  • Notify the local authority if a person loses their representativeAny Person
s.039 Person subject to Schedule A1 without paid representative Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must appoint an advocate for unrepresented personsLocal authority
s.042 Codes of practice (opens in a new tab) Regulated
  • Follow the Mental Capacity Act Code of PracticeAny Person
s.043 Codes of practice: procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lord Chancellor must follow procedure to issue or revise Codes of PracticeCrown / Minister / Government department
s.044 Ill-treatment or neglect (opens in a new tab) Imprisonment
  • Ill‑treat or wilfully neglect a person lacking capacityAny Person
44 other sections in this Part — procedural and definitional
s.001 The principles (opens in a new tab)
s.002 People who lack capacity (opens in a new tab)
s.003 Inability to make decisions (opens in a new tab)
s.004 Best interests (opens in a new tab)
s.004 Restriction on deprivation of liberty
s.004 Deprivation of liberty necessary for life-sustaining treatment etc
s.005 Acts in connection with care or treatment (opens in a new tab)
s.006 Section 5 acts: limitations (opens in a new tab)
s.008 Expenditure (opens in a new tab)
s.009 Lasting powers of attorney (opens in a new tab)
s.010 Appointment of donees (opens in a new tab)
s.011 Lasting powers of attorney: restrictions (opens in a new tab)
s.012 Scope of lasting powers of attorney: gifts (opens in a new tab)
s.013 Revocation of lasting powers of attorney etc. (opens in a new tab)
s.014 Protection of donee and others if no power created or power revoked (opens in a new tab)
s.015 Power to make declarations (opens in a new tab)
s.016 Powers to make decisions and appoint deputies: general (opens in a new tab)
s.016 Section 16 powers: Mental Health Act patients etc
s.017 Section 16 powers: personal welfare (opens in a new tab)
s.018 Section 16 powers: property and affairs (opens in a new tab)
s.019 Appointment of deputies (opens in a new tab)
s.020 Restrictions on deputies (opens in a new tab)
s.021 Transfer of proceedings relating to people under 18 (opens in a new tab)
s.021 Powers of court in relation to Schedule A1
s.022 Powers of court in relation to validity of lasting powers of attorney (opens in a new tab)
s.023 Powers of court in relation to operation of lasting powers of attorney (opens in a new tab)
s.024 Advance decisions to refuse treatment: general (opens in a new tab)
s.025 Validity and applicability of advance decisions (opens in a new tab)
s.026 Effect of advance decisions (opens in a new tab)
s.027 Family relationships etc. (opens in a new tab)
s.028 Mental Health Act matters (opens in a new tab)
s.029 Voting rights (opens in a new tab)
s.030 Research (opens in a new tab)
s.031 Requirements for approval (opens in a new tab)
s.034 Loss of capacity during research project (opens in a new tab)
s.035 Appointment of independent mental capacity advocates (opens in a new tab)
s.036 Functions of independent mental capacity advocates (opens in a new tab)
s.037 Provision of serious medical treatment by NHS body (opens in a new tab)
s.038 Provision of accommodation by NHS body (opens in a new tab)
s.039 Provision of accommodation by local authority (opens in a new tab)
s.039 Section 39A: supplementary provision
s.039 Limitation on duty to instruct advocate under section 39D
s.040 Exceptions (opens in a new tab)
s.041 Power to adjust role of independent mental capacity advocate (opens in a new tab)
Part 2

The Court of Protection and the Public Guardian

3 of 17 sections shown
s.054 Fees (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Lord Chancellor must set and publicise Court of Protection feesCrown / Minister / Government department
s.058 Functions of the Public Guardian (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must supervise deputies and maintain registersStatutory regulator
s.060 Annual report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must report annually to the Lord ChancellorStatutory regulator
14 other sections in this Part — procedural and definitional
s.045 The Court of Protection (opens in a new tab)
s.046 The judges of the Court of Protection (opens in a new tab)
s.047 General powers and effect of orders etc. (opens in a new tab)
s.048 Interim orders and directions (opens in a new tab)
s.049 Power to call for reports (opens in a new tab)
s.050 Applications to the Court of Protection (opens in a new tab)
s.051 Court of Protection Rules (opens in a new tab)
s.052 Practice directions (opens in a new tab)
s.053 Rights of appeal (opens in a new tab)
s.055 Costs (opens in a new tab)
s.056 Fees and costs: supplementary (opens in a new tab)
s.057 The Public Guardian (opens in a new tab)
s.059 Public Guardian Board (opens in a new tab)
s.061 Court of Protection Visitors (opens in a new tab)
Part 3

Miscellaneous and general

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.062 Scope of the Act (opens in a new tab)
s.063 International protection of adults (opens in a new tab)
s.064 Interpretation (opens in a new tab)
s.065 Rules, regulations and orders (opens in a new tab)
s.066 Existing receivers and enduring powers of attorney etc. (opens in a new tab)
s.067 Minor and consequential amendments and repeals (opens in a new tab)
s.068 Commencement and extent (opens in a new tab)
s.069 Short title (opens in a new tab)
Schedules

Schedules

68 of 426 shown
s.sch001 Lasting powers of attorney: formalities (opens in a new tab) Imprisonment
  • Make false statement in lasting power of attorney registrationAny Person
s.sch001 (1) If it appears to the Public Guardian that an... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must check and register lasting powers of attorney correctlyCrown / Minister / Government department
s.sch001 (1) Sub-paragraph (2) applies if it appears to the Public... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must not register LPA if conflict with deputy existsCrown / Minister / Government department
s.sch001 (1) Sub-paragraph (2) applies if a donee or a named... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must not register LPA if valid objection received unless court directsCrown / Minister / Government department
s.sch001 (1) This paragraph applies if the donor— Regulated
Other duties (1) — Crown / regulator
  • If donor objects, court must decide on registrationTribunal / Court
s.sch001 Where an instrument is registered under this Schedule, the Public... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must notify the donor and donees when a power of attorney is registeredStatutory regulator
s.sch001 (1) The Public Guardian must cancel the registration of an... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must cancel LPA registration on bankruptcy or revocationStatutory regulator
s.sch001 If the Public Guardian attaches a note to an instrument... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must notify donee of note attached to instrumentStatutory regulator
s.sch001 (1) An application to the Public Guardian for the registration... Prosecution
  • Make a false statement in lasting power of attorney applicationAny Person

Unlimited fine

s.sch001 Subject to paragraphs 11 to 14, the Public Guardian must... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must register lasting power of attorney after prescribed periodCrown / Minister / Government department
s.sch001 As soon as is practicable after receiving an application by... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must notify donee on receipt of lasting power of attorney applicationCrown / Minister / Government department
s.sch001 (1) As soon as is practicable after receiving an application... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must notify donor and other donees of applicationCrown / Minister / Government department
s.sch004 Provisions applying to existing enduring powers of attorney (opens in a new tab) Imprisonment
  • Make false statement in registration applicationAny Person
s.sch004 (1) Subject to sub-paragraph (2), before making an application for... Regulated
  • Notify other attorneys before applying for registrationAny Person
s.sch004 (1) If an application is made in accordance with paragraph... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must register or refuse lasting power of attorney applicationsStatutory regulator
s.sch004 The Public Guardian must cancel the registration of an instrument... Regulated
Other duties (1) — Crown / regulator
  • Public Guardian must cancel EPA registration on disclaimer or revocationCrown / Minister / Government department
s.sch004 (1) An instrument which appoints more than one person to... Regulated
  • Notify other attorneys when applying to register an enduring powerAny Person
s.sch004 Subject to paragraph 7, before making an application for registration... Regulated
  • Notify entitled persons before applying for registration of enduring powerAny Person
s.sch004 (1) Subject to sub-paragraph (2), before making an application for... Regulated
  • Attorney must give notice to donor before applying for registrationAny Person
s.schedule a1 para.108 (1) If the supervisory body are to carry out a... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify relevant persons before reviewing standard authorisationLocal authority
s.schedule a1 para.109 To start a review of the standard authorisation, the supervisory... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must decide which qualifying requirements are reviewableLocal authority
s.schedule a1 para.113 (1) In carrying out a review assessment, the assessor must... Regulated
Other duties (1) — Crown / regulator
  • Assessors must follow Part 4 duties during review assessmentsStatutory regulator
s.schedule a1 para.120 (1) When the review of the standard authorisation is complete,... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify managing authority and relevant person of review outcomeLocal authority
s.schedule a1 para.121 A supervisory body must keep a written record of the... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must keep written records of review requests and outcomesLocal authority
s.schedule a1 para.129 (1) It is for the supervisory body to select a... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must select suitable assessors and avoid conflictsLocal authority
s.schedule a1 para.132 In carrying out an assessment under this Schedule, the assessor... Regulated
Other duties (1) — Crown / regulator
  • Assessors must consider information from representatives and IMCAsStatutory regulator
s.schedule a1 para.133 (1) This paragraph applies if an assessment under this Schedule... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must stop other assessments when a qualifying requirement is not metLocal authority
s.schedule a1 para.134 (1) This paragraph applies if an assessor has carried out... Regulated
Other duties (1) — Crown / regulator
  • Assessors must record and submit Mental Capacity Act assessmentsCrown / Minister / Government department
s.schedule a1 para.136 (1) This paragraph applies to the supervisory body if— Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify of unauthorised deprivation of libertyLocal authority
s.schedule a1 para.139 (1) The supervisory body must appoint a person to be... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must appoint a person as the relevant person's representativeLocal authority
s.schedule a1 para.140 (1) The selection of a person for appointment under paragraph... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must ensure prospective representative will maintain contact, represent and support the relevant personLocal authority
s.schedule a1 para.31 A request for a standard authorisation must include the information... Regulated
  • Include required information in standard authorisation requestsAny Person
s.schedule a1 para.32 (1) The managing authority of a hospital or care home... Regulated
  • Keep written records of standard authorisation requestsAny Person
s.schedule a1 para.36 When carrying out a mental health assessment, the assessor must... Regulated
Other duties (1) — Crown / regulator
  • Mental health assessor must consider detention impact and notifyStatutory regulator
s.schedule a1 para.39 (1) In carrying out a best interests assessment, the assessor... Regulated
  • Provide copies of needs assessments and care plans to the best interests assessorAny Person
s.schedule a1 para.49 (1) The supervisory body are not required by paragraph 33... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body may use existing assessment instead of commissioning new oneLocal authority
s.schedule a1 para.50 (1) The supervisory body must give a standard authorisation if—... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must grant standard authorisation if all assessments are positiveLocal authority
s.schedule a1 para.51 (1) If the supervisory body are required to give a... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must set standard authorisation periodLocal authority
s.schedule a1 para.53 (1) A standard authorisation may be given subject to conditions.... Regulated
  • Ensure conditions on deprivation-of-liberty authorisation are metOccupier
s.schedule a1 para.57 (1) This paragraph applies if— (a) a request is made... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must give copies of standard authorisation to specified personsLocal authority
s.schedule a1 para.58 (1) This paragraph applies if— (a) a request is made... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify prohibition of standard authorisationLocal authority
s.schedule a1 para.59 (1) This paragraph applies if a standard authorisation is given.... Regulated
  • Inform the person of their rights when a standard authorisation is givenAny Person
s.schedule a1 para.60 A supervisory body must keep a written record of all... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must keep written records of DoLS authorisationsLocal authority
s.schedule a1 para.65 (1) This paragraph applies if a standard authorisation ceases to... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify all parties when a standard authorisation endsLocal authority
s.schedule a1 para.69 (1) This paragraph applies if an eligible person requests the... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must decide on unauthorised deprivation of liberty request and appoint an assessorLocal authority
s.schedule a1 para.71 (1) This paragraph applies if— (a) the supervisory body obtain... Regulated
  • Provide required information to supervisory body when detention is unauthorisedAny Person
s.schedule a1 para.72 (1) This paragraph applies if— (a) the supervisory body obtain... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify assessment outcome when person is not a detained residentLocal authority
s.schedule a1 para.73 (1) This paragraph applies if— (a) the supervisory body obtain... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify of detention assessment outcomeLocal authority
s.schedule a1 para.78 (1) If the managing authority decide to give an urgent... Regulated
  • Set the period for urgent authorisation (max 7 days)Occupier
s.schedule a1 para.79 An urgent authorisation must be in writing. Regulated
  • Give urgent authorisations in writingAny Person
s.schedule a1 para.82 (1) This paragraph applies if an urgent authorisation is given.... Regulated
  • Keep written records of urgent authorisation and provide copiesAny Person
s.schedule a1 para.83 (1) This paragraph applies if an urgent authorisation is given.... Regulated
  • Ensure the person understands the urgent authorisation and their right to apply to the courtEmployer
s.schedule a1 para.84 (1) This paragraph applies if the managing authority make a... Regulated
  • Keep written record and notify individual when requesting extension of authorisationAny Person
s.schedule a1 para.85 (1) This paragraph applies if, under paragraph 84, the supervisory... Regulated
  • Managing authority must vary authorisation within 7-day extensionAny Person
s.schedule a1 para.86 (1) This paragraph applies if, under paragraph 84, the supervisory... Regulated
  • Give copy of non-extension notice to resident and their IMCAAny Person
s.schedule a1 para.90 (1) This paragraph applies if an urgent authorisation ceases to... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify when urgent authorisation endsLocal authority
s.schedule a1 para.92 The managing authority of the relevant hospital or care home... Regulated
  • Notify supervisory body when person no longer meets eligibilityAny Person
s.schedule a1 para.93 (1) This paragraph applies if the managing authority give the... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify suspension of standard authorisationLocal authority
s.schedule a1 para.95 (1) This paragraph applies if the managing authority give the... Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must notify relevant persons when a standard authorisation is no longer suspendedLocal authority
s.schedule aa1 para.16 (1) After authorising arrangements the responsible body must, without delay,... Regulated
  • Send authorisation record copies without delayEmployer
s.schedule aa1 para.20 (1) A statement for the purposes of paragraph 19(a) is... Regulated
  • Care home manager must prepare a written statement for deprivation of liberty authorisationAny Person
s.schedule aa1 para.24 (1) A pre-authorisation review for the purposes of paragraph 18(e)... Regulated
Other duties (1) — Crown / regulator
  • Ensure pre-authorisation reviewer is independent and refer certain cases to Approved Mental Capacity ProfessionalLocal authority
s.schedule aa1 para.28 (1) An authorisation has effect from the time at which... Regulated
  • Authorisation starts when given, with a maximum 28-day delayAny Person
s.schedule aa1 para.30 If an authorisation of arrangements ceases to have effect (in... Regulated
Other duties (1) — Crown / regulator
  • Notify staff if deprivation of liberty authorisation endsLocal authority
s.schedule aa1 para.36 (1) A statement for the purposes of paragraph 35(a) is... Regulated
  • Care home manager must provide written renewal statement to continue deprivation of liberty authorisationAny Person
s.schedule aa1 para.38 (1) In this paragraph “ the reviewer ” means the... Regulated
  • Carry out and report on reviews of care home arrangementsAny Person
s.schedule aa1 para.42 (1) The responsible body must take all reasonable steps to... Regulated
Other duties (1) — Crown / regulator
  • Appoint an IMCA for cared-for persons under certain conditionsLocal authority
s.schedule aa1 para.43 (1) If the cared-for person has an appropriate person, the... Regulated
  • Appoint an IMCA to support the appropriate person of a cared-for personAny Person
358 other schedules
s.006 Minor and consequential amendments (opens in a new tab)
s.007 Repeals (opens in a new tab)
s.sch001 (1) An instrument is not made in accordance with this...
s.sch001 The court may— (a) on the application of the donor,...
s.sch001 (1) A document purporting to be an office copy of...
s.sch001 The court must direct the Public Guardian to cancel the...
s.sch001 (1) Sub-paragraph (2) applies if the court determines under section...
s.sch001 (1) The instrument must include— (a) the prescribed information about...
s.sch001 On the cancellation of the registration of an instrument, the...
s.sch001 If in the case of a registered instrument it appears...
s.sch001 If in the case of a registered instrument it appears...
s.sch001 If in the case of a registered instrument it appears...
s.sch001 If in the case of a registered instrument the court...
s.sch001 (1) If an instrument differs in an immaterial respect in...
s.sch001 (1) A donor about to make an application under paragraph...
s.sch001 (1) A notice under paragraph 6 must be made in...
s.sch001a Persons ineligible to be deprived of liberty by this Act
s.sch001a This Schedule applies for the purposes of—
s.sch001a P is subject to the guardianship regime if he is...
s.sch001a (1) An England and Wales enactment is an enactment which...
s.sch001a (1) P is within the scope of the Mental Health...
s.sch001a In a case where this Schedule applies for the purposes...
s.sch001a In a case where this Schedule applies for the purposes...
s.sch001a (1) This paragraph applies where the question whether a person...
s.sch001a (1) These expressions have the meanings given— “ donee ”...
s.sch001a (1) “ Hospital ” has the same meaning as in...
s.sch001a A person (“P”) is ineligible to be deprived of liberty...
s.sch001a (1) This paragraph applies in cases B, C and D...
s.sch001a (1) This paragraph applies in cases B and C in...
s.sch001a (1) This paragraph applies in cases D and E in...
s.sch001a This Part applies for the purposes of this Schedule.
s.sch001a The mental health regimes are— (a) the hospital treatment regime,...
s.sch001a (1) P is subject to the hospital treatment regime if...
s.sch001a P is subject to the community treatment regime if he...
s.sch002 Property and affairs: supplementary provisions (opens in a new tab)
s.sch002 Paragraphs 2 to 4 apply in relation to the execution...
s.sch002 (1) Any functions which P has as patron of a...
s.sch002 The will may make any provision (whether by disposing of...
s.sch002 (1) Sub-paragraph (2) applies if under section 16 the court...
s.sch002 (1) This paragraph applies where a will is executed in...
s.sch002 (1) If provision is made by virtue of section 18...
s.sch002 (1) If a settlement has been made by virtue of...
s.sch002 (1) Sub-paragraph (2) applies if the court is satisfied—
s.sch002 (1) Sub-paragraphs (2) and (3) apply if—
s.sch002 (1) Sub-paragraph (2) applies if the court has ordered or...
s.sch003 International protection of adults (opens in a new tab)
s.sch003 This Part applies for the purposes of this Schedule.
s.sch003 A reference in this Schedule to the exercise of jurisdiction...
s.sch003 In exercising jurisdiction under this Schedule, the court may, if...
s.sch003 Where a protective measure is taken in one country but...
s.sch003 (1) If the donor of a lasting power is habitually...
s.sch003 (1) Where a lasting power is not exercised in a...
s.sch003 Regulations may provide for Schedule 1 (lasting powers of attorney:...
s.sch003 (1) This paragraph applies where a person (a “representative”) in...
s.sch003 Where the court is entitled to exercise jurisdiction under this...
s.sch003 Nothing in this Part of this Schedule requires or enables...
s.sch003 (1) A protective measure taken in relation to an adult...
s.sch003 (1) “Convention” means the Convention referred to in section 63....
s.sch003 (1) An interested person may apply to the court for...
s.sch003 For the purposes of paragraphs 19 and 20, any finding...
s.sch003 (1) An interested person may apply to the court for...
s.sch003 (1) This paragraph applies where— (a) provision giving effect to,...
s.sch003 The court may not review the merits of a measure...
s.sch003 Court of Protection Rules may make provision about an application...
s.sch003 (1) This paragraph applies where a public authority proposes to...
s.sch003 A proposal received by a public authority under Article 33...
s.sch003 (1) This paragraph applies if a public authority is told...
s.sch003 A public authority may not request from, or send to,...
s.sch003 (1) “Country” includes a territory which has its own system...
s.sch003 A certificate given under Article 38 by an authority in...
s.sch003 Her Majesty may by Order in Council confer on the...
s.sch003 (1) Regulations may make provision— (a) giving further effect to...
s.sch003 Nothing in this Schedule applies, and no provision made under...
s.sch003 A reference in this Schedule to regulations or an order...
s.sch003 The following provisions of this Schedule have effect only if...
s.sch003 (1) “Adult” means subject to sub-paragraph (2) a person who—...
s.sch003 (1) “Protective measure” means a measure directed to the protection...
s.sch003 (1) Any function under the Convention of a Central Authority...
s.sch003 (1) The court may exercise its functions under this Act...
s.sch003 (1) The court may also exercise its functions under this...
s.sch003 (1) This paragraph applies where jurisdiction is exercisable under this...
s.sch004 (1) Where an individual has created a power of attorney...
s.sch004 A notice to the donor under this Part of this...
s.sch004 Despite section 7 of the Interpretation Act 1978 (c. 30)...
s.sch004 The Public Guardian has the function of establishing and maintaining...
s.sch004 (1) The effect of the registration of an instrument under...
s.sch004 (1) Where an instrument has been registered under paragraph 13,...
s.sch004 (1) Sub-paragraphs (2) and (3) apply where an instrument which...
s.sch004 (1) If— (a) an instrument framed in a form prescribed...
s.sch004 (1) Subject to sub-paragraphs (5) and (6) and paragraph 20,...
s.sch004 (1) In paragraph 2(5), the reference to the time when...
s.sch004 (1) In paragraph 2(7), the reference to the bankruptcy of...
s.sch004 (1) In this Schedule— “enduring power” is to be construed...
s.sch004 (1) If the instrument which creates an enduring power of...
s.sch004 (1) Sub-paragraphs (2) to (6) apply if the attorney under...
s.sch004 (1) Subject to sub-paragraphs (2) to (4), persons of the...
s.sch004 (1) An attorney is not required to give notice under...
s.sch004 A notice to relatives under this Part of this Schedule...
s.sch005 Transitional provisions and savings (opens in a new tab)
s.sch005 (1) This paragraph applies where, immediately before the commencement day,...
s.sch005 In this Part of this Schedule— (a) “the commencement day”...
s.sch005 (1) Any order or determination made, or other thing done,...
s.sch005 (1) An application for the exercise of a power under...
s.sch005 (1) The 1985 Act and, so far as relevant, the...
s.sch005 (1) Section 2(8) of the 1985 Act (which prevents a...
s.sch005 In this Part of this Schedule, “the commencement day” means...
s.sch005 (1) Any order or appointment made, direction or authority given...
s.sch005 (1) Any application for the exercise of a power under...
s.sch005 (1) Part 7 of the Mental Health Act and the...
s.sch005 All fees and other payments which, having become due, have...
s.sch005 (1) The records of the former Court of Protection are...
s.sch005 This Act does not affect the operation in relation to...
s.sch005 Paragraph 8(1) of Schedule 2 applies in relation to any...
s.sch005 Court of Protection Rules may provide that, in a case...
s.sch006 (1) The Fines and Recoveries Act 1833 (c. 74) is...
s.sch006 In section 12(1)(b) of the Administration of Justice Act 1960...
s.sch006 In section 26 of the Industrial and Provident Societies Act...
s.sch006 In Schedule 1 to the Compulsory Purchase Act 1965 (c....
s.sch006 (1) For section 26(2) of the Leasehold Reform Act 1967...
s.sch006 In section 72 of the Medicines Act 1968 (c. 67)...
s.sch006 For section 21(4) of the Family Law Reform Act 1969...
s.sch006 (1) Schedule 1 to the Local Authority Social Services Act...
s.sch006 In Part 1A of Schedule 2 to the Courts Act...
s.sch006 (1) Omit section 118 of the Local Government Act 1972...
s.sch006 In section 40 of the Matrimonial Causes Act 1973 (c....
s.sch006 In section 68 of the Improvement of Land Act 1864...
s.sch006 In Schedule 1 to the Juries Act 1974 (c. 23)...
s.sch006 For section 37(1)(c) of the Consumer Credit Act 1974 (c....
s.sch006 (1) The Solicitors Act 1974 (c. 47) is amended as...
s.sch006 In section 31 of the Local Government (Miscellaneous Provisions) Act...
s.sch006 In section 3(2) of the Sale of Goods Act 1979...
s.sch006 In section 38 of the Limitation Act 1980 (c. 58)...
s.sch006 In section 57(2)(c) of the Public Passenger Vehicles Act 1981...
s.sch006 In Schedule 1 to the Judicial Pensions Act 1981 (c....
s.sch006 In Schedule 2 to the Supreme Court Act 1981 (c....
s.sch006 (1) The Mental Health Act is amended as follows.
s.sch006 (1) The Trustee Act 1925 (c. 19) is amended as...
s.sch006 In section 18(3) of the Administration of Justice Act 1985...
s.sch006 (1) The Insolvency Act 1986 (c. 45) is amended as...
s.sch006 In section 102D(9) of the Building Societies Act 1986 (c....
s.sch006 In section 3 of the Public Trustee and Administration of...
s.sch006 (1) The Patronage (Benefices) Measure 1986 (No. 3) is amended...
s.sch006 (1) The Courts and Legal Services Act 1990 (c. 41)...
s.sch006 In section 50 of the Child Support Act 1991 (c....
s.sch006 In section 123 of the Social Security Administration Act 1992...
s.sch006 (1) The Judicial Pensions and Retirement Act 1993 (c. 8)...
s.sch006 (1) For paragraph 4 of Schedule 2 to the Leasehold...
s.sch006 (1) The Law of Property Act 1925 (c. 20) is...
s.sch006 (1) The Goods Vehicles (Licensing of Operators) Act 1995 (c....
s.sch006 In section 20(7) of the Disability Discrimination Act 1995 (c....
s.sch006 (1) The Trusts of Land and Appointment of Trustees Act...
s.sch006 In section 4(5) of the Human Rights Act 1998 (c....
s.sch006 In paragraph 1 of Schedule 2 to the Access to...
s.sch006 In section 52(1)(a) of the Adoption and Children Act 2002...
s.sch006 (1) The Licensing Act 2003 (c. 17) is amended as...
s.sch006 (1) The Courts Act 2003 (c. 39) is amended as...
s.sch006 (1) The Administration of Estates Act 1925 (c. 23) is...
s.sch006 In section 49 of the National Assistance Act 1948 (c....
s.sch006 In section 1 of the U.S.A. Veterans' Pensions (Administration) Act...
s.sch006 In Schedule 2 to the Intestates' Estates Act 1952 (c....
s.sch006 In section 1 of the Variation of Trusts Act 1958...
s.schedule a1 para.1 (1) This Part applies if the following conditions are met....
s.schedule a1 para.10 “ Authorisation under this Schedule ” means either of the...
s.schedule a1 para.100 (1) The new supervisory body becomes the supervisory body in...
s.schedule a1 para.101 (1) This Part applies if a standard authorisation—
s.schedule a1 para.102 (1) The supervisory body may at any time carry out...
s.schedule a1 para.103 (1) An eligible person may, at any time, request the...
s.schedule a1 para.104 (1) Paragraphs 105 to 107 set out the grounds on...
s.schedule a1 para.105 (1) Any of the following qualifying requirements is reviewable on...
s.schedule a1 para.106 (1) Any of the following qualifying requirements is reviewable on...
s.schedule a1 para.107 (1) The best interests requirement is reviewable on the ground...
s.schedule a1 para.11 (1) The purpose of a standard authorisation is the purpose...
s.schedule a1 para.110 (1) This paragraph applies if no qualifying requirements appear to...
s.schedule a1 para.111 (1) This paragraph applies if one or more qualifying requirements...
s.schedule a1 para.112 (1) A review assessment is an assessment of whether the...
s.schedule a1 para.114 (1) This paragraph applies in a case where—
s.schedule a1 para.115 (1) This paragraph applies in a case where—
s.schedule a1 para.116 (1) This paragraph applies if the following conditions are met....
s.schedule a1 para.117 (1) This paragraph applies if one or more of the...
s.schedule a1 para.118 (1) The review of the standard authorisation is complete in...
s.schedule a1 para.119 Any variation of the standard authorisation made under this Part...
s.schedule a1 para.12 (1) These are the qualifying requirements referred to in this...
s.schedule a1 para.122 (1) This paragraph applies if a standard authorisation is suspended...
s.schedule a1 para.123 (1) This paragraph applies if, in accordance with paragraph 24...
s.schedule a1 para.124 (1) This paragraph applies if— (a) a review under this...
s.schedule a1 para.125 In paragraphs 123 and 124— (a) the existing authorisation is...
s.schedule a1 para.126 This Part contains provision about assessments under this Schedule.
s.schedule a1 para.127 An assessment under this Schedule is either of the following—...
s.schedule a1 para.128 In this Part, in relation to an assessment under this...
s.schedule a1 para.13 The relevant person meets the age requirement if he has...
s.schedule a1 para.130 (1) This paragraph applies to regulations under paragraph 129(3).
s.schedule a1 para.131 An assessor may, at all reasonable times, examine and take...
s.schedule a1 para.135 (1) This paragraph applies to the supervisory body if they...
s.schedule a1 para.137 In this Schedule the relevant person's representative is the person...
s.schedule a1 para.138 (1) Regulations may make provision about the selection and appointment...
s.schedule a1 para.14 (1) The relevant person meets the mental health requirement if...
s.schedule a1 para.141 (1) Any appointment of a representative for a relevant person...
s.schedule a1 para.142 Appointment regulations may provide that the procedure for appointing a...
s.schedule a1 para.143 (1) Appointment regulations may make provision about who is to...
s.schedule a1 para.144 (1) Appointment regulations may make provision about who may, or...
s.schedule a1 para.145 Appointment regulations may make provision about the formalities of appointing...
s.schedule a1 para.146 In a case where a best interests assessor is to...
s.schedule a1 para.147 Regulations may make provision requiring the managing authority of the...
s.schedule a1 para.148 Regulations may make provision about the circumstances in which the...
s.schedule a1 para.149 Regulations may make provision about the formalities of ending the...
s.schedule a1 para.15 The relevant person meets the mental capacity requirement if he...
s.schedule a1 para.150 (1) Regulations may make provision about the circumstances in which...
s.schedule a1 para.151 Regulations may make provision for payments to be made to,...
s.schedule a1 para.152 The provisions of this Part which specify provision that may...
s.schedule a1 para.153 Paragraphs 159 and 160 make provision about the exercise of...
s.schedule a1 para.154 This Part applies for the purposes of this Schedule.
s.schedule a1 para.155 A section 39A IMCA is an independent mental capacity advocate...
s.schedule a1 para.156 A section 39C IMCA is an independent mental capacity advocate...
s.schedule a1 para.157 A section 39D IMCA is an independent mental capacity advocate...
s.schedule a1 para.158 An IMCA is a section 39A IMCA or a section...
s.schedule a1 para.159 (1) This paragraph applies if, and for as long as,...
s.schedule a1 para.16 (1) The relevant person meets the best interests requirement if...
s.schedule a1 para.160 (1) This paragraph applies if— (a) a person is appointed...
s.schedule a1 para.161 (1) This paragraph applies if— (a) there is a section...
s.schedule a1 para.162 (1) Regulations may make provision for, and in connection with,...
s.schedule a1 para.163 (1) Regulations may make provision for, and in connection with,...
s.schedule a1 para.164 (1) Regulations may require either or both of the following...
s.schedule a1 para.165 (1) The National Assembly for Wales may direct a Local...
s.schedule a1 para.166 (1) This paragraph applies where, under paragraph 165, a Local...
s.schedule a1 para.167 (1) Directions under paragraph 165 must be given in regulations....
s.schedule a1 para.168 The power under paragraph 165 or paragraph 166 to give...
s.schedule a1 para.169 Any notice under this Schedule must be in writing.
s.schedule a1 para.17 (1) The relevant person meets the eligibility requirement unless he...
s.schedule a1 para.170 (1) This paragraph applies to all regulations under this Schedule,...
s.schedule a1 para.171 It is for the Secretary of State to make regulations...
s.schedule a1 para.172 It is for the National Assembly for Wales to make...
s.schedule a1 para.173 (1) This paragraph applies to regulations under paragraph 183.
s.schedule a1 para.174 This Part applies for the purposes of this Schedule.
s.schedule a1 para.175 (1) “ Hospital ” means— (a) an NHS hospital, or...
s.schedule a1 para.176 (1) “ Managing authority ”, in relation to an NHS...
s.schedule a1 para.177 “ Managing authority ”, in relation to an independent hospital,...
s.schedule a1 para.178 “Care home” means— (a) a care home in England within...
s.schedule a1 para.179 “ Managing authority ”, in relation to a care home,...
s.schedule a1 para.18 The relevant person meets the no refusals requirement unless there...
s.schedule a1 para.180 (1) The identity of the supervisory body is determined under...
s.schedule a1 para.181 (1) The identity of the supervisory body is determined under...
s.schedule a1 para.182 (1) The identity of the supervisory body is determined under...
s.schedule a1 para.183 (1) Subsections (5) and (6) of section 24 of the...
s.schedule a1 para.184 (1) This paragraph applies if, in connection with a particular...
s.schedule a1 para.185 Each of the following is an interested person—
s.schedule a1 para.186 (1) An interested person consulted by the best interests assessor...
s.schedule a1 para.187 Where this Schedule imposes on a person a duty towards...
s.schedule a1 para.188 The following table contains an index of provisions defining or...
s.schedule a1 para.19 (1) There is a refusal if these conditions are met—...
s.schedule a1 para.2 The managing authority of the hospital or care home may...
s.schedule a1 para.20 (1) There is a refusal if it would be in...
s.schedule a1 para.21 Only the supervisory body may give a standard authorisation.
s.schedule a1 para.22 The supervisory body may not give a standard authorisation unless—...
s.schedule a1 para.23 The managing authority may not make a request for a...
s.schedule a1 para.24 (1) The managing authority must request a standard authorisation in...
s.schedule a1 para.25 (1) The relevant managing authority must request a standard authorisation...
s.schedule a1 para.26 (1) This paragraph applies for the purposes of paragraph 25....
s.schedule a1 para.27 (1) This paragraph applies if, by virtue of section 4A(3),...
s.schedule a1 para.28 (1) This paragraph applies if— (a) a managing authority request...
s.schedule a1 para.29 (1) This paragraph applies if a standard authorisation—
s.schedule a1 para.3 (1) This paragraph applies to any act which a person...
s.schedule a1 para.30 (1) This paragraph applies if— (a) a standard authorisation has...
s.schedule a1 para.33 (1) This paragraph applies if the supervisory body are requested...
s.schedule a1 para.34 An age assessment is an assessment of whether the relevant...
s.schedule a1 para.35 A mental health assessment is an assessment of whether the...
s.schedule a1 para.37 A mental capacity assessment is an assessment of whether the...
s.schedule a1 para.38 A best interests assessment is an assessment of whether the...
s.schedule a1 para.4 (1) Paragraphs 2 and 3 do not exclude a person's...
s.schedule a1 para.40 (1) This paragraph applies whatever conclusion the best interests assessment...
s.schedule a1 para.41 Paragraphs 42 and 43 apply if the best interests assessment...
s.schedule a1 para.42 (1) The assessor must state in the assessment the maximum...
s.schedule a1 para.43 The assessor may include in the assessment recommendations about conditions...
s.schedule a1 para.44 (1) This paragraph applies if the best interests assessment comes...
s.schedule a1 para.45 The duties with which the best interests assessor must comply...
s.schedule a1 para.46 An eligibility assessment is an assessment of whether the relevant...
s.schedule a1 para.47 (1) Regulations may— (a) require an eligibility assessor to request...
s.schedule a1 para.48 A no refusals assessment is an assessment of whether the...
s.schedule a1 para.5 This Part applies for the purposes of this Schedule.
s.schedule a1 para.52 A standard authorisation may provide for the authorisation to come...
s.schedule a1 para.54 A standard authorisation must be in writing.
s.schedule a1 para.55 (1) A standard authorisation must state the following things—
s.schedule a1 para.56 (1) If the name of the relevant hospital or care...
s.schedule a1 para.6 “ Detained resident ” means a person detained in a...
s.schedule a1 para.61 (1) A standard authorisation may not be varied except in...
s.schedule a1 para.62 (1) This paragraph applies where the managing authority request a...
s.schedule a1 para.63 (1) A standard authorisation comes into force when it is...
s.schedule a1 para.64 (1) A standard authorisation ceases to be in force at...
s.schedule a1 para.66 A request for a standard authorisation is to be regarded...
s.schedule a1 para.67 For the purposes of paragraphs 68 to 73 there is...
s.schedule a1 para.68 (1) If the following conditions are met, an eligible person...
s.schedule a1 para.7 In relation to a person who is, or is to...
s.schedule a1 para.70 (1) Regulations may be made about the period within which...
s.schedule a1 para.74 Only the managing authority of the relevant hospital or care...
s.schedule a1 para.75 The managing authority may give an urgent authorisation only if...
s.schedule a1 para.76 (1) The managing authority must give an urgent authorisation in...
s.schedule a1 para.77 (1) This paragraph applies where the managing authority have given...
s.schedule a1 para.8 “ Standard authorisation ” means an authorisation given under Part...
s.schedule a1 para.80 An urgent authorisation must state the following things—
s.schedule a1 para.81 (1) If the name of the relevant hospital or care...
s.schedule a1 para.87 (1) An urgent authorisation may not be varied except in...
s.schedule a1 para.88 An urgent authorisation comes into force when it is given....
s.schedule a1 para.89 (1) An urgent authorisation ceases to be in force at...
s.schedule a1 para.9 “ Urgent authorisation ” means an authorisation given under Part...
s.schedule a1 para.91 (1) This Part applies if the following conditions are met....
s.schedule a1 para.94 (1) This paragraph applies if, whilst the standard authorisation is...
s.schedule a1 para.96 (1) This paragraph applies if no notice is given under...
s.schedule a1 para.97 The effect of suspending the standard authorisation is that Part...
s.schedule a1 para.98 (1) This Part applies if these conditions are met.
s.schedule a1 para.99 For the purposes of this Part there is a change...
s.schedule aa1 para.1 In this Schedule— Part 1 (this Part) describes the arrangements...
s.schedule aa1 para.10 (1) In paragraph 6(1)(e), “ responsible local authority ”, in...
s.schedule aa1 para.11 “ English responsible body ” means— (a) a hospital manager...
s.schedule aa1 para.12 “ Welsh responsible body ” means— (a) a hospital manager...
s.schedule aa1 para.13 The authorisation conditions are that— (a) the cared-for person lacks...
s.schedule aa1 para.14 (1) The following must publish information about authorisation of arrangements...
s.schedule aa1 para.15 (1) Where arrangements are proposed, the responsible body must as...
s.schedule aa1 para.17 The responsible body may authorise arrangements— (a) under paragraph 18,...
s.schedule aa1 para.18 The conditions in this paragraph are that—
s.schedule aa1 para.19 The conditions in this paragraph are that—
s.schedule aa1 para.2 (1) This Schedule applies to arrangements— (a) for enabling the...
s.schedule aa1 para.21 (1) The determinations required by this paragraph are—
s.schedule aa1 para.22 (1) The determination required by this paragraph is a determination...
s.schedule aa1 para.23 (1) Consultation under this paragraph must be carried out—
s.schedule aa1 para.25 (1) If the review is by an Approved Mental Capacity...
s.schedule aa1 para.26 If the review is not by an Approved Mental Capacity...
s.schedule aa1 para.27 (1) An authorisation record is a record relating to a...
s.schedule aa1 para.29 (1) An authorisation ceases to have effect (if not renewed)—...
s.schedule aa1 para.3 In this Schedule— “ Approved Mental Capacity Professional ” means...
s.schedule aa1 para.31 (1) This paragraph applies if an authorisation ceases to have...
s.schedule aa1 para.32 (1) The responsible body may, on one or more occasions,...
s.schedule aa1 para.33 The responsible body may renew an authorisation—
s.schedule aa1 para.34 The conditions in this paragraph are that—
s.schedule aa1 para.35 The conditions in this paragraph are that—
s.schedule aa1 para.37 The responsible body may vary an authorisation if the responsible...
s.schedule aa1 para.39 Each local authority must make arrangements— (a) for persons to...
s.schedule aa1 para.4 (1) “ Local authority ” means— (a) in England—
s.schedule aa1 para.40 (1) The appropriate authority may by regulations—
s.schedule aa1 para.41 (1) Paragraphs 42 and 43 apply to the responsible body...
s.schedule aa1 para.44 (1) The appropriate authority may by regulations make provision for,...
s.schedule aa1 para.45 This Schedule does not apply to arrangements if—
s.schedule aa1 para.46 For the purposes of this Schedule arrangements in relation to...
s.schedule aa1 para.47 This paragraph applies if— (a) P is subject to the...
s.schedule aa1 para.48 This paragraph applies if— (a) P is subject to the...
s.schedule aa1 para.49 This paragraph applies if P is subject to—
s.schedule aa1 para.5 (1) “ NHS hospital ” means— (a) a health service...
s.schedule aa1 para.50 (1) This paragraph applies if the following conditions are met....
s.schedule aa1 para.51 (1) This paragraph applies if the following conditions are met....
s.schedule aa1 para.52 (1) In determining whether P objects, regard must be had...
s.schedule aa1 para.53 (1) P is subject to the hospital treatment regime if...
s.schedule aa1 para.54 In this Part— “ donee ” means a donee of...
s.schedule aa1 para.55 In “medical treatment for mental disorder”— (a) “ medical treatment...
s.schedule aa1 para.56 A decision of a donee or deputy is valid if...
s.schedule aa1 para.57 (1) In this Schedule “ mental health requirements ” means...
s.schedule aa1 para.58 Until the repeal of section 324 of the Education Act...
s.schedule aa1 para.6 (1) The responsible body, in relation to a cared-for person,...
s.schedule aa1 para.7 (1) “ Hospital manager ”, in relation to an NHS...
s.schedule aa1 para.8 In paragraph 6(1)(d) “ NHS continuing healthcare ” is to...
s.schedule aa1 para.9 (1) In paragraph 6(1)(b), “ responsible local authority ”, in...
2 other provisions
s.deprivation of liberty: authorisation of arrangeme Deprivation of liberty: authorisation of arrangements enabling care and treatment
s.hospital and care home residents: deprivation of l Hospital and care home residents: deprivation of liberty

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