161. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 8. 3. Existing receivers and enduring powers of attorney etc. 2. The Whole 15. 47.General powers and effect of orders etc. 15. 44. 52. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Capacity Act 2005. The right for individuals to be supported to make their own decisions: people must be given all appropriate help before anyone concludes that they cannot make their own decisions. 12. The conditions in this paragraph are that—. 12. 1. 17.The Public Guardian must cancel the registration of an instrument... Part 6 Protection of attorney and third parties, Protection of attorney and third persons where power is invalid or revoked. 38. 103. The Mental Capacity Act 2005 (MCA) says certain people must think about the code of practice when they act or make decisions on the other person’s behalf. 9. The Importance of the Mental Capacity Act (MCA) 3 3. 3. 32. … 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... (1) If the managing authority decide to give an urgent... An urgent authorisation must be in writing. 7. 11. 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—. No changes have been applied to the text. The Mental Capacity Act is the law in England and Wales that protects and supports these people, and outlines who can and should make decisions on their behalf. Act you have selected contains over (1) If— (a) an instrument framed in a form prescribed... Part 7 Joint and joint and several attorneys, Application to joint and joint and several attorneys. Main Code "The Code of Practice for the Mental Capacity Act was formally issued by the Lord Chancellor on 23 April 2007. 55.In “medical treatment for mental disorder”— (a) “medical treatment” has... 56.A decision of a donee or deputy is valid if... 58.Until the repeal of section 324 of the Education Act... General requirements as to making instruments. 200 provisions and might take some time to download. (1) An interested person consulted by the best interests assessor... 187.Where this Schedule imposes on a person a duty towards... 188.The following table contains an index of provisions defining or... Deprivation of liberty: authorisation of arrangements enabling care and treatment. 140. (1) The Law of Property Act 1925 (c. 20) is... Administration of Estates Act 1925 (c. 23). (1) This paragraph applies in cases B and C in... P objects to being a mental health patient etc. You could not be signed in, please check and try again. 36. 111. 21. 44. The MCA is designed to protect and restore power … 6. (1) This Part applies if the following conditions are met.... 2.The managing authority of the hospital or care home may... No liability for acts done for purpose of depriving P of liberty. Introduction This legislation guide helps you with point 5, mental capacity, and point 9, organisational context, and paragraph 11, level of capability at the end of the ASYE of the knowledge and skills statement for social workers working in adults’ services. 4. In this Part, in relation to an assessment under this... (1) It is for the supervisory body to select a... (1) This paragraph applies to regulations under paragraph 129(3). 9. Termination of appointment of donee which does not revoke power. 40. 26. Act you have selected contains over (1) A standard authorisation may be given subject to conditions.... 54.A standard authorisation must be in writing. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 13. Mental Capacity Act 2005. 6. 167. Different options to open legislation in order to view more content on screen at once. 42. 4. Relationship between review and suspension under Part 6. The Mental Capacity Act 2005 came into force in England and Wales in 2007. Right of third party to require consideration of whether authorisation needed. 166. (1) A statement for the purposes of paragraph 35(a) is... Each local authority must make arrangements— (a) for persons to... (1) The appropriate authority may by regulations—, Appointment of Independent Mental Capacity Advocate. 90. Any changes that have already been made by the team appear in … 4B.Deprivation of liberty necessary for life-sustaining treatment or vital act, 4C.Carrying out of authorised arrangements giving rise to deprivation of liberty, 5.Acts in connection with care or treatment, 7.Payment for necessary goods and services, 11.Lasting powers of attorney: restrictions, 12.Scope of lasting powers of attorney: gifts. in 4. The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. Determinations made on capacity and medical assessments, Determination that arrangements are necessary and proportionate. (1) This Part applies if these conditions are met. 117. Any changes that have already been made by the team appear in the content and are referenced with annotations. It is meant to ensure that they participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. 85. 110. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). (1) This paragraph applies if— (a) a review under this... 125.In paragraphs 123 and 124— (a) the existing authorisation is... 126.This Part contains provision about assessments under this Schedule. (1) This paragraph applies for the purposes of paragraph 25.... Other authority for detention: request for authorisation. Administration of Justice Act 1985 (c. 61). 51. (1) “ Managing authority ”, in relation to an NHS... 177.“ Managing authority ”, in relation to an independent hospital,... Care homes and their managing authorities. 3. 72. 14. is said to ‘lack capacity’. 139. (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,... (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—. 22. 11. 28. The Act aims to empower and protect people who may not be able to make some decisions for themselves. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. 34. 141. The relevant person meets the no refusals requirement unless there... (1) There is a refusal if these conditions are met—... (1) There is a refusal if it would be in... Only the supervisory body may give a standard authorisation. 113. 55. 174.This Part applies for the purposes of this Schedule. 47.This paragraph applies if— (a) P is subject to the... 48.This paragraph applies if— (a) P is subject to the... 49.This paragraph applies if P is subject to—. LP. Various writers have expressed the view that a new statute, the Mental Capacity Act 2005 (MCA), is empowering for people with mental disabilities and some have suggested it may be help to ensure such interferences are minimised and occur on a more principled basis. In section 3 of the Public Trustee and Administration of... (1) The Patronage (Benefices) Measure 1986 (No. 123. (1) This paragraph applies to the supervisory body if—. It is for the National Assembly for Wales to make... (1) This paragraph applies to regulations under paragraph 183. This date is our basedate. The Whole Act you have selected contains over 200 provisions and might take some time to download. 50. Why the MCA is important to CCGs 4 4. The MCA governs when decisions can be made on behalf of Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. No versions before this date are available. Directions by National Assembly in relation to supervisory functions. 8. Trusts of Land and Appointment of Trustees Act 1996 (c. 47). Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice). The MCA is supported by a detailed code of practice (‘the code’) which sets out best practice for professionals when treating patients who lack capacity. The deprivation of liberty of customers, who are assessed as not having mental capacity, in environments outside of care homes and hospitals. This Part contains provision about assessments under this Schedule. 25. 30. 73. 16. 14. 32. 10. 134. (1) The managing authority must request a standard authorisation in... Duty to request authorisation: change in place of detention. Mental Capacity Act 2005 ... Access to the complete content on Oxford Reference requires a subscription or purchase. 153.Paragraphs 159 and 160 make provision about the exercise of... 154.This Part applies for the purposes of this Schedule. 159. Select Committee on the Mental Capacity Act 2005 Report of Session 2013–14 Mental Capacity Act 2005: post-legislative scrutiny Ordered to be printed 25 February 2014 and published 13 March 2014 Published by the Authority of the House of Lords London : … Those changes will be listed when you open the content using the Table of Contents below. (1) Any functions which P has as patron of a... 1.This Part applies for the purposes of this Schedule. (1) The Insolvency Act 1986 (c. 45) is amended as... 32.In section 102D(9) of the Building Societies Act 1986 (c.... Public Trustee and Administration of Funds Act 1986 (c. 57). 124. 4. 7.In section 1 of the U.S.A. Veterans' Pensions (Administration) Act... 8.In Schedule 2 to the Intestates' Estates Act 1952 (c.... 9.In section 1 of the Variation of Trusts Act 1958... Administration of Justice Act 1960 (c. 65). 29. The Mental Capacity Act 2005, which was fully implemented on 1 October 2007, is intended to protect people who lack capacity to make decisions and to encourage them to participate in the decisions that are intended to help them. (1) A statement for the purposes of paragraph 19(a) is... 21.Determinations made on capacity and medical assessments, 22.Determination that arrangements are necessary and proportionate. (1) This paragraph applies to regulations under paragraph 183. 4. 17. Relationship between review and request for new authorisation. (1) This paragraph applies if— (a) a managing authority request... Authorisation given: request for further authorisation, 29. The MCA is underpinned by five principles that should guide dental care professionals and others involved in treating or caring for those whose capacity is impaired: a person must be assumed to have capacity unless it is established that he lacks capacity; a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success; a person is not to be treated as unable to make a decision merely because he makes an unwise decision; an act done, or decision made, under the act for or on behalf of the person who lacks capacity must be done, or made, in his best interests. 106. 13. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 23. (1) If the review is by an Approved Mental Capacity... 26.If the review is not by an Approved Mental Capacity... Part 3 Duration, renewal, variation and review of authorisation, 28.Time for which authorisation has effect. 83. 29. Those changes will be listed when you open the content using the Table of Contents below. Executive Summary 3 2. 183. 3. (1) The Courts and Legal Services Act 1990 (c. 41)... 36.In section 50 of the Child Support Act 1991 (c.... Social Security Administration Act 1992 (c. 5). (1) This paragraph applies to regulations under paragraph 129(3). 86. 17. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to … 22. 19. The first date in the timeline will usually be the earliest date when the provision came into force. Quick Reference. Mental Capacity Act 2005. of attorney under enduring power. 19. (1) The Administration of Estates Act 1925 (c. 23) is... 6.In section 49 of the National Assistance Act 1948 (c.... U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45). (1) In carrying out a review assessment, the assessor must... Best interests requirement reviewable but non-assessable, 114. 65. 2.A person (“P”) is ineligible to be deprived of liberty... Authorised course of action not in accordance with regime. (1) Regulations may make provision about the circumstances in which... 151.Regulations may make provision for payments to be made to,... 152.The provisions of this Part which specify provision that may... Effect of appointment of section 39C IMCA. 49. 9. Judicial Pensions and Retirement Act 1993 (c. 8). 69. Medicine and health Applications and procedure for registration. 4. 22.The supervisory body may not give a standard authorisation unless—... 23.The managing authority may not make a request for a... Duty to request authorisation: basic cases. For the purposes of this Part there is a change... (1) The new supervisory body becomes the supervisory body in... (1) This Part applies if a standard authorisation—. 133. 136. (1) The Mental Health Act is amended as follows. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. Overview The Mental Capacity Act 2005 (MCA), while primarily relevant to professionals working with adults, also matters for those working with children. 16. 67.Minor and consequential amendments and repeals, Hospital and care home residents: deprivation of liberty, Part 1 Authorisation to deprive residents of liberty etc. 10. 3. 50.Applications to the Court of Protection. 184. 76. 3. Supervisory bodies: determination of place of ordinary residence. 150. 18. 176. 87. 108. A helpful code of practice that supports the act … 20. Registration of instrument creating power. 70. 16. 14.Protection of donee and others if no power created or power revoked, General powers of the court and appointment of deputies, 16.Powers to make decisions and appoint deputies: general, 16A.Section 16 powers: Mental Health Act patients etc, 18.Section 16 powers: property and affairs, 21.Transfer of proceedings relating to people under 18, Powers of the court in relation to Schedule AA1, 21ZA.Powers of court in relation to Schedule AA1, Powers of the court in relation to Schedule A1, 21A.Powers of court in relation to Schedule A1, Powers of the court in relation to lasting powers of attorney, 22.Powers of court in relation to validity of lasting powers of attorney, 23.Powers of court in relation to operation of lasting powers of attorney, 24.Advance decisions to refuse treatment: general, 25.Validity and applicability of advance decisions, 34.Loss of capacity during research project, Independent mental capacity advocate service, 35.Appointment of independent mental capacity advocates, 36.Functions of independent mental capacity advocates, 37.Provision of serious medical treatment by NHS body, 38.Provision of accommodation by NHS body, 39.Provision of accommodation by local authority, 39A.Person becomes subject to Schedule A1, 39C.Person unrepresented whilst subject to Schedule A1, 39D.Person subject to Schedule A1 without paid representative, 39E.Limitation on duty to instruct advocate under section 39D, 41.Power to adjust role of independent mental capacity advocate, Part 2 The Court of Protection and the Public Guardian. In carrying out an assessment under this Schedule, the assessor... (1) This paragraph applies if an assessment under this Schedule... (1) This paragraph applies if an assessor has carried out... (1) This paragraph applies to the supervisory body if they... (1) This paragraph applies to the supervisory body if—. (1) This paragraph applies if an urgent authorisation ceases to... Part 6 Eligibility requirement not met: suspension of standard authorisation. 101. 58. (1) Sub-paragraphs (2) to (6) apply if the attorney under... Part 3 Notification prior to registration. Your current browser may not support copying via this button. Provisions applying to existing enduring powers of attorney, Enduring power of attorney to survive mental incapacity of donor. 19. (1) P is within the scope of the Mental Health... Authorised course of action, relevant care or treatment & relevant instrument. 12. 15. This paragraph applies if P is subject to—. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. The Schedules you have selected contains over 200 provisions and might take some time to download. 23.In section 31 of the Local Government (Miscellaneous Provisions) Act... 24.In section 3(2) of the Sale of Goods Act 1979... 25.In section 38 of the Limitation Act 1980 (c. 58)... Public Passenger Vehicles Act 1981 (c. 14). Functions of court with regard to registered power. 4. 10.In section 12(1)(b) of the Administration of Justice Act 1960... Industrial and Provident Societies Act 1965 (c. 12). Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 138. It has recently received Royal assent and is now known as the Mental Capacity Act 2005. All Rights Reserved. 164. (1) The Judicial Pensions and Retirement Act 1993 (c. 8)... Leasehold Reform, Housing and Urban Development Act 1993 (c. 28). It provides guidance and information on how the Act will work on a day to day basis for anyone who works with or cares for people who lack capacity, … 5. The Mental Capacity Act (MCA 2005) aims to protect patients who do not have the capacity to give informed consent. 182. (1) The Solicitors Act 1974 (c. 47) is amended as... Local Government (Miscellaneous Provisions) Act 1976 (c. 57). 84. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Capacity Act 2005. (1) If the managing authority decide to give an urgent... 79.An urgent authorisation must be in writing. (1) After authorising arrangements the responsible body must, without delay,... 18.The conditions in this paragraph are that—, 19.The conditions in this paragraph are that—. The power under paragraph 165 or paragraph 166 to give... Any notice under this Schedule must be in writing. 62. 16. A Dictionary of Dentistry », Subjects: It says that: Every adult, whatever their disability, has the right to make their own decisions wherever possible. 105. 13. The Act is underpinned by five key principles: 1. View on Westlaw or start a FREE TRIAL today, Mental Capacity Act 2005, PrimarySources 107. 1.Paragraphs 2 to 4 apply in relation to the execution... 2.The will may make any provision (whether by disposing of... Wills: requirements relating to execution. may also experience some issues with your browser, such as an alert box that a script is taking a Treatment for mental disorder in a hospital. 59. Use this menu to access essential accompanying documents and information for this legislation item. 3. (1) This paragraph applies if no notice is given under... 97.The effect of suspending the standard authorisation is that Part... Part 7 Standard authorisations: change in supervisory responsibility. The Mental Capacity Act. Expressions with same meaning as in Mental Health Act. 3.13.8 In summary the DoLS procedures are intended to be safeguards for those who lack capacity to Section 39A IMCA: restriction of functions. 13. (1) A standard authorisation may not be varied except in... Effect of decision about request made under paragraph 25 or 30. 14. Mental capacity and the Mental Capacity Act 2005 - A literature review 1.0 SUMMARY This literature review was carried out to collate academic literature relating to mental capacity issues and to the implementation of the Mental Capacity Act 2005. 24. It is meant to ensure that they participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 20. CO03 Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS) Policy (3.1) Official Appendicies Appendix 1 Policy Flowchart 27 Appendix 2 CCG MCA 1 – Recording Mental Capacity Assessments & Guide 28 Appendix 3 CCG MCA 2 – Recording Best Interest Decision- Making & Guide 34 99.For the purposes of this Part there is a change... Effect of change in supervisory responsibility. 5. Powers to make further provision as to private international law. 16. (1) Sub-paragraph (2) applies if the court is satisfied—, Preservation of interests in property disposed of on behalf of person lacking capacity, 8. The Standard Contract and mental capacity 6 6. 18. (1) In this Schedule— “enduring power” is to be construed... Part 1 Repeal of Part 7 of the Mental Health Act 1983. (1) This paragraph applies in a case where—, Mental health, mental capacity, eligibility or no refusals review assessment positive. 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—.
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