Mental Capacity Act 2005

Mental Capacity Act 2005 is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

Changes and effects yet to be applied to :

• s. 65(1)(c) words inserted by 2023 c. 42Sch.para. 11
• Sch. 1 para. 4(2) omitted by 2023 c. 42Sch.para. 2(b)
• Sch. 1 para. 6 omitted by 2023 c. 42Sch.para. 4(1)
• Sch. 1 para. 8 omitted by 2023 c. 42Sch.para. 4(3)
• Sch. 1 para. 9(1) omitted by 2023 c. 42Sch.para. 12(3)(a)
• Sch. 1 para. 4(3) substituted by 2023 c. 42Sch.para. 2(c)
• Sch. 1 para. 7 substituted by 2023 c. 42Sch.para. 4(2)
• Sch. 1 para. 13(3)(b) substituted by 2023 c. 42Sch.para. 7(1)(a)
• Sch. 1 para. 13(4) substituted by 2023 c. 42Sch.para. 7(1)(b)
• Sch. 1 para. 9(2) word substituted by 2023 c. 42Sch.para. 12(3)(b)
• Sch. 1 para. 13(1)(a) word substituted by 2023 c. 42Sch.para. 12(5)(a)
• Sch. 1 para. 13(3)(a) word substituted by 2023 c. 42Sch.para. 12(5)(c)
• Sch. 1 para. 4(1)(a) words inserted by 2023 c. 42Sch.para. 2(a)
• Sch. 1 para. 16(1) words inserted by 2023 c. 42Sch.para. 8(a)
• Sch. 1 para. 11(1) words inserted by 2023 c. 42Sch.para. 12(4)(a)
• Sch. 1 para. 16(2) words substituted by 2023 c. 42Sch.para. 8(c)
• Sch. 1 para. 5 words substituted by 2023 c. 42Sch.para. 12(2)
• Sch. 1 para. 11(1) words substituted by 2023 c. 42Sch.para. 12(4)(b)
• Sch. 1 para. 13(2) words substituted by 2023 c. 42Sch.para. 12(5)(b)
• Sch. 1 para. 14 and cross heading omitted by 2023 c. 42Sch.para. 12(6)
• Sch. 1 para. 10 and cross-heading substituted by 2023 c. 42Sch.para. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

• s. 58(4)(ca) inserted by 2023 c. 42Sch.para. 10
• Sch. 1 para. 4A inserted by 2023 c. 42Sch.para. 3
• Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42Sch.para. 6
• Sch. 1 para. 13A inserted by 2023 c. 42Sch.para. 7(2)
• Sch. 1 para. 16(1A) inserted by 2023 c. 42Sch.para. 8(b)

1. Introductory Text
2. Part 1 Persons who lack capacity
   1. The principles
      1. 1.The principles
      1. 2.People who lack capacity
      2. 3.Inability to make decisions
      3. 4.Best interests
      4. 4A.Restriction on deprivation of liberty
      5. 4B.Deprivation of liberty necessary for life-sustaining treatment or vital act
      6. 4C.Carrying out of authorised arrangements giving rise to deprivation of liberty
      7. 5.Acts in connection with care or treatment
      8. 6.Section 5 acts: limitations
      9. 7.Payment for necessary goods and services
      10. 8.Expenditure
      1. 9.Lasting powers of attorney
      2. 10.Appointment of donees
      3. 11.Lasting powers of attorney: restrictions
      4. 12.Scope of lasting powers of attorney: gifts
      5. 13.Revocation of lasting powers of attorney etc.
      6. 14.Protection of donee and others if no power created or power revoked
      1. 15.Power to make declarations
      2. 16.Powers to make decisions and appoint deputies: general
      3. 16A.Section 16 powers: Mental Health Act patients etc
      4. 17.Section 16 powers: personal welfare
      5. 18.Section 16 powers: property and affairs
      6. 19.Appointment of deputies
      7. 20.Restrictions on deputies
      8. 21.Transfer of proceedings relating to people under 18
      1. 21ZA.Powers of court in relation to Schedule AA1
      1. 21A.Powers of court in relation to Schedule A1
      1. 22.Powers of court in relation to validity of lasting powers of attorney
      2. 23.Powers of court in relation to operation of lasting powers of attorney
      1. 24.Advance decisions to refuse treatment: general
      2. 25.Validity and applicability of advance decisions
      3. 26.Effect of advance decisions
      1. 27.Family relationships etc.
      2. 28.Mental Health Act matters
      3. 29.Voting rights
      1. 30.Research
      2. 31.Requirements for approval
      3. 32.Consulting carers etc.
      4. 33.Additional safeguards
      5. 34.Loss of capacity during research project
      1. 35.Appointment of independent mental capacity advocates
      2. 36.Functions of independent mental capacity advocates
      3. 37.Provision of serious medical treatment by NHS body
      4. 38.Provision of accommodation by NHS body
      5. 39.Provision of accommodation by local authority
      6. 39A.Person becomes subject to Schedule A1
      7. 39B.Section 39A: supplementary provision
      8. 39C.Person unrepresented whilst subject to Schedule A1
      9. 39D.Person subject to Schedule A1 without paid representative
      10. 39E.Limitation on duty to instruct advocate under section 39D
      11. 40.Exceptions
      12. 41.Power to adjust role of independent mental capacity advocate
      1. 42.Codes of practice
      2. 43.Codes of practice: procedure
      3. 44.Ill-treatment or neglect
      1. The Court of Protection
         1. 45.The Court of Protection
         2. 46.The judges of the Court of Protection
         1. 47.General powers and effect of orders etc.
         2. 48.Interim orders and directions
         3. 49.Power to call for reports
         1. 50.Applications to the Court of Protection
         2. 51.Court of Protection Rules
         3. 52.Practice directions
         4. 53.Rights of appeal
         1. 54.Fees
         2. 55.Costs
         3. 56.Fees and costs: supplementary
         1. 57.The Public Guardian
         2. 58.Functions of the Public Guardian
         3. 59.Public Guardian Board
         4. 60.Annual report
         1. 61.Court of Protection Visitors
         1. Declaratory provision
            1. 62.Scope of the Act
            1. 63.International protection of adults
            1. 64.Interpretation
            2. 65.Rules, regulations and orders
            3. 66.Existing receivers and enduring powers of attorney etc.
            4. 67.Minor and consequential amendments and repeals
            5. 68.Commencement and extent
            6. 69.Short title
            1. SCHEDULE A1Hospital and care home residents: deprivation of liberty
               1. Part 1 Authorisation to deprive residents of liberty etc
                  1. Application of Part
                     1. 1.(1) This Part applies if the following conditions are met.
                     1. 2.The managing authority of the hospital or care home may.
                     1. 3.(1) This paragraph applies to any act which a person.
                     1. 4.(1) Paragraphs 2 and 3 do not exclude a person's.
                     1. Introduction
                        1. 5.This Part applies for the purposes of this Schedule.
                        1. 6.“ Detained resident ” means a person detained in a.
                        1. 7.In relation to a person who is, or is to.
                        1. 8.“ Standard authorisation ” means an authorisation given under Part.
                        2. 9.“ Urgent authorisation ” means an authorisation given under Part.
                        3. 10.“ Authorisation under this Schedule ” means either of the.
                        4. 11.(1) The purpose of a standard authorisation is the purpose.
                        1. The qualifying requirements
                           1. 12.(1) These are the qualifying requirements referred to in this.
                           1. 13.The relevant person meets the age requirement if he has.
                           1. 14.(1) The relevant person meets the mental health requirement if.
                           1. 15.The relevant person meets the mental capacity requirement if he.
                           1. 16.(1) The relevant person meets the best interests requirement if.
                           1. 17.(1) The relevant person meets the eligibility requirement unless he.
                           1. 18.The relevant person meets the no refusals requirement unless there.
                           2. 19.(1) There is a refusal if these conditions are met—.
                           3. 20.(1) There is a refusal if it would be in.
                           1. Supervisory body to give authorisation
                              1. 21.Only the supervisory body may give a standard authorisation.
                              2. 22.The supervisory body may not give a standard authorisation unless—.
                              3. 23.The managing authority may not make a request for a.
                              1. 24.(1) The managing authority must request a standard authorisation in.
                              1. 25.(1) The relevant managing authority must request a standard authorisation.
                              2. 26.(1) This paragraph applies for the purposes of paragraph 25.
                              1. 27.(1) This paragraph applies if, by virtue of section 4A(3).
                              1. 28.(1) This paragraph applies if— (a) a managing authority request.
                              1. 29.(1) This paragraph applies if a standard authorisation—
                              1. 30.(1) This paragraph applies if— (a) a standard authorisation has.
                              1. 31.A request for a standard authorisation must include the information.
                              1. 32.(1) The managing authority of a hospital or care home.
                              1. 33.(1) This paragraph applies if the supervisory body are requested.
                              1. 34.An age assessment is an assessment of whether the relevant.
                              1. 35.A mental health assessment is an assessment of whether the.
                              2. 36.When carrying out a mental health assessment, the assessor must.
                              1. 37.A mental capacity assessment is an assessment of whether the.
                              1. 38.A best interests assessment is an assessment of whether the.
                              2. 39.(1) In carrying out a best interests assessment, the assessor.
                              3. 40.(1) This paragraph applies whatever conclusion the best interests assessment.
                              4. 41.Paragraphs 42 and 43 apply if the best interests assessment.
                              5. 42.(1) The assessor must state in the assessment the maximum.
                              6. 43.The assessor may include in the assessment recommendations about conditions.
                              7. 44.(1) This paragraph applies if the best interests assessment comes.
                              8. 45.The duties with which the best interests assessor must comply.
                              1. 46.An eligibility assessment is an assessment of whether the relevant.
                              2. 47.(1) Regulations may— (a) require an eligibility assessor to request.
                              1. 48.A no refusals assessment is an assessment of whether the.
                              1. 49.(1) The supervisory body are not required by paragraph 33.
                              1. 50.(1) The supervisory body must give a standard authorisation if—.
                              1. 51.(1) If the supervisory body are required to give a.
                              2. 52.A standard authorisation may provide for the authorisation to come.
                              3. 53.(1) A standard authorisation may be given subject to conditions.
                              1. 54.A standard authorisation must be in writing.
                              2. 55.(1) A standard authorisation must state the following things—
                              3. 56.(1) If the name of the relevant hospital or care.
                              1. 57.(1) This paragraph applies if— (a) a request is made.
                              2. 58.(1) This paragraph applies if— (a) a request is made.
                              1. 59.(1) This paragraph applies if a standard authorisation is given.
                              1. 60.A supervisory body must keep a written record of all.
                              1. 61.(1) A standard authorisation may not be varied except in.
                              1. 62.(1) This paragraph applies where the managing authority request a.
                              1. 63.(1) A standard authorisation comes into force when it is.
                              2. 64.(1) A standard authorisation ceases to be in force at.
                              3. 65.(1) This paragraph applies if a standard authorisation ceases to.
                              1. 66.A request for a standard authorisation is to be regarded.
                              1. 67.For the purposes of paragraphs 68 to 73 there is.
                              2. 68.(1) If the following conditions are met, an eligible person.
                              3. 69.(1) This paragraph applies if an eligible person requests the.
                              4. 70.(1) Regulations may be made about the period within which.
                              5. 71.(1) This paragraph applies if— (a) the supervisory body obtain.
                              6. 72.(1) This paragraph applies if— (a) the supervisory body obtain.
                              7. 73.(1) This paragraph applies if— (a) the supervisory body obtain.
                              1. Managing authority to give authorisation
                                 1. 74.Only the managing authority of the relevant hospital or care.
                                 2. 75.The managing authority may give an urgent authorisation only if.
                                 1. 76.(1) The managing authority must give an urgent authorisation in.
                                 2. 77.(1) This paragraph applies where the managing authority have given.
                                 1. 78.(1) If the managing authority decide to give an urgent.
                                 1. 79.An urgent authorisation must be in writing.
                                 2. 80.An urgent authorisation must state the following things—
                                 3. 81.(1) If the name of the relevant hospital or care.
                                 1. 82.(1) This paragraph applies if an urgent authorisation is given.
                                 1. 83.(1) This paragraph applies if an urgent authorisation is given.
                                 1. 84.(1) This paragraph applies if the managing authority make a.
                                 2. 85.(1) This paragraph applies if, under paragraph 84, the supervisory.
                                 3. 86.(1) This paragraph applies if, under paragraph 84, the supervisory.
                                 1. 87.(1) An urgent authorisation may not be varied except in.
                                 1. 88.An urgent authorisation comes into force when it is given.
                                 2. 89.(1) An urgent authorisation ceases to be in force at.
                                 3. 90.(1) This paragraph applies if an urgent authorisation ceases to.
                                 1. 91.(1) This Part applies if the following conditions are met.
                                 2. 92.The managing authority of the relevant hospital or care home.
                                 3. 93.(1) This paragraph applies if the managing authority give the.
                                 4. 94.(1) This paragraph applies if, whilst the standard authorisation is.
                                 5. 95.(1) This paragraph applies if the managing authority give the.
                                 6. 96.(1) This paragraph applies if no notice is given under.
                                 7. 97.The effect of suspending the standard authorisation is that Part.
                                 1. Application of this Part
                                    1. 98.(1) This Part applies if these conditions are met.
                                    2. 99.For the purposes of this Part there is a change.
                                    1. 100.(1) The new supervisory body becomes the supervisory body in.
                                    1. Application of this Part
                                       1. 101.(1) This Part applies if a standard authorisation—
                                       1. 102.(1) The supervisory body may at any time carry out.
                                       1. 103.(1) An eligible person may, at any time, request the.
                                       1. 104.(1) Paragraphs 105 to 107 set out the grounds on.
                                       1. 105.(1) Any of the following qualifying requirements is reviewable on.
                                       1. 106.(1) Any of the following qualifying requirements is reviewable on.
                                       1. 107.(1) The best interests requirement is reviewable on the ground.
                                       1. 108.(1) If the supervisory body are to carry out a.
                                       1. 109.To start a review of the standard authorisation, the supervisory.
                                       1. 110.(1) This paragraph applies if no qualifying requirements appear to.
                                       1. 111.(1) This paragraph applies if one or more qualifying requirements.
                                       1. 112.(1) A review assessment is an assessment of whether the.
                                       2. 113.(1) In carrying out a review assessment, the assessor must.
                                       1. 114.(1) This paragraph applies in a case where—
                                       1. 115.(1) This paragraph applies in a case where—
                                       1. 116.(1) This paragraph applies if the following conditions are met.
                                       1. 117.(1) This paragraph applies if one or more of the.
                                       1. 118.(1) The review of the standard authorisation is complete in.
                                       1. 119.Any variation of the standard authorisation made under this Part.
                                       1. 120.(1) When the review of the standard authorisation is complete.
                                       1. 121.A supervisory body must keep a written record of the.
                                       1. 122.(1) This paragraph applies if a standard authorisation is suspended.
                                       1. 123.(1) This paragraph applies if, in accordance with paragraph 24.
                                       2. 124.(1) This paragraph applies if— (a) a review under this.
                                       3. 125.In paragraphs 123 and 124— (a) the existing authorisation is.
                                       1. Introduction
                                          1. 126.This Part contains provision about assessments under this Schedule.
                                          2. 127.An assessment under this Schedule is either of the following—.
                                          3. 128.In this Part, in relation to an assessment under this.
                                          1. 129.(1) It is for the supervisory body to select a.
                                          2. 130.(1) This paragraph applies to regulations under paragraph 129(3).
                                          1. 131.An assessor may, at all reasonable times, examine and take.
                                          1. 132.In carrying out an assessment under this Schedule, the assessor.
                                          1. 133.(1) This paragraph applies if an assessment under this Schedule.
                                          1. 134.(1) This paragraph applies if an assessor has carried out.
                                          2. 135.(1) This paragraph applies to the supervisory body if they.
                                          3. 136.(1) This paragraph applies to the supervisory body if—
                                          1. The representative
                                             1. 137.In this Schedule the relevant person's representative is the person.
                                             2. 138.(1) Regulations may make provision about the selection and appointment.
                                             1. 139.(1) The supervisory body must appoint a person to be.
                                             2. 140.(1) The selection of a person for appointment under paragraph.
                                             3. 141.(1) Any appointment of a representative for a relevant person.
                                             1. 142.Appointment regulations may provide that the procedure for appointing a.
                                             2. 143.(1) Appointment regulations may make provision about who is to.
                                             3. 144.(1) Appointment regulations may make provision about who may, or.
                                             4. 145.Appointment regulations may make provision about the formalities of appointing.
                                             5. 146.In a case where a best interests assessor is to.
                                             1. 147.Regulations may make provision requiring the managing authority of the.
                                             1. 148.Regulations may make provision about the circumstances in which the.
                                             2. 149.Regulations may make provision about the formalities of ending the.
                                             1. 150.(1) Regulations may make provision about the circumstances in which.
                                             1. 151.Regulations may make provision for payments to be made to.
                                             1. 152.The provisions of this Part which specify provision that may.
                                             1. 153.Paragraphs 159 and 160 make provision about the exercise of.
                                             1. Application of Part
                                                1. 154.This Part applies for the purposes of this Schedule.
                                                1. 155.A section 39A IMCA is an independent mental capacity advocate.
                                                2. 156.A section 39C IMCA is an independent mental capacity advocate.
                                                3. 157.A section 39D IMCA is an independent mental capacity advocate.
                                                4. 158.An IMCA is a section 39A IMCA or a section.
                                                1. 159.(1) This paragraph applies if, and for as long as.
                                                2. 160.(1) This paragraph applies if— (a) a person is appointed.
                                                1. 161.(1) This paragraph applies if— (a) there is a section.
                                                1. Monitoring of operation of Schedule
                                                   1. 162.(1) Regulations may make provision for, and in connection with.
                                                   2. 163.(1) Regulations may make provision for, and in connection with.
                                                   1. 164.(1) Regulations may require either or both of the following.
                                                   1. 165.(1) The National Assembly for Wales may direct a Local.
                                                   2. 166.(1) This paragraph applies where, under paragraph 165, a Local.
                                                   3. 167.(1) Directions under paragraph 165 must be given in regulations.
                                                   4. 168.The power under paragraph 165 or paragraph 166 to give.
                                                   1. 169.Any notice under this Schedule must be in writing.
                                                   1. 170.(1) This paragraph applies to all regulations under this Schedule.
                                                   2. 171.It is for the Secretary of State to make regulations.
                                                   3. 172.It is for the National Assembly for Wales to make.
                                                   4. 173.(1) This paragraph applies to regulations under paragraph 183.
                                                   1. Introduction
                                                      1. 174.This Part applies for the purposes of this Schedule.
                                                      1. 175.(1) “ Hospital ” means— (a) an NHS hospital, or.
                                                      2. 176.(1) “ Managing authority ”, in relation to an NHS.
                                                      3. 177.“ Managing authority ”, in relation to an independent hospital.
                                                      1. 178.“Care home” means— (a) a care home in England within.
                                                      2. 179.“ Managing authority ”, in relation to a care home.
                                                      1. 180.(1) The identity of the supervisory body is determined under.
                                                      2. 181.(1) The identity of the supervisory body is determined under.
                                                      1. 182.(1) The identity of the supervisory body is determined under.
                                                      1. 183.(1) Subsections (5) and (6) of section 24 of the.
                                                      1. 184.(1) This paragraph applies if, in connection with a particular.
                                                      1. 185.Each of the following is an interested person—
                                                      2. 186.(1) An interested person consulted by the best interests assessor.
                                                      3. 187.Where this Schedule imposes on a person a duty towards.
                                                      4. 188.The following table contains an index of provisions defining or.
                                                      1. Part 1 Introductory and interpretation
                                                         1. 1.Contents of this Schedule
                                                         2. 2.Arrangements this Schedule applies to
                                                         3. 3.Definitions
                                                         4. 4.Local authority
                                                         5. 5.NHS hospital and independent hospital
                                                         6. 6.Responsible body
                                                         7. 7.(1) “Hospital manager”, in relation to an NHS hospital, means—.
                                                         8. 8.In paragraph 6(1)(d) “ NHS continuing healthcare” is to be.
                                                         9. 9.(1) In paragraph 6(1)(b) , “responsible local authority”, in relation.
                                                         10. 10.(1) In paragraph 6(1)(e) , “responsible local authority”, in relation.
                                                         11. 11.“English responsible body” means— (a) a hospital manager of a.
                                                         12. 12.“Welsh responsible body” means— (a) a hospital manager of a.
                                                         1. 13.The authorisation conditions
                                                         2. 14.Rights to information etc
                                                         3. 15.(1) Where arrangements are proposed, the responsible body must as.
                                                         4. 16.(1) After authorising arrangements the responsible body must, without delay.
                                                         5. 17.Authorisation
                                                         6. 18.The conditions in this paragraph are that—
                                                         7. 19.The conditions in this paragraph are that—
                                                         8. 20.(1) A statement for the purposes of paragraph 19(a) is.
                                                         9. 21.Determinations made on capacity and medical assessments
                                                         10. 22.Determination that arrangements are necessary and proportionate
                                                         11. 23.Consultation
                                                         12. 24.Pre-authorisation review
                                                         13. 25.(1) If the review is by an Approved Mental Capacity.
                                                         14. 26.If the review is not by an Approved Mental Capacity.
                                                         15. 27.Authorisation record
                                                         1. 28.Time for which authorisation has effect
                                                         2. 29.(1) An authorisation ceases to have effect (if not renewed)—.
                                                         3. 30.Notification that arrangements have ceased to have effect
                                                         4. 31.Authorisation coming to an end early: arrangements to be treated as authorised
                                                         5. 32.Renewal
                                                         6. 33.The responsible body may renew an authorisation—
                                                         7. 34.The conditions in this paragraph are that—
                                                         8. 35.The conditions in this paragraph are that—
                                                         9. 36.(1) A statement for the purposes of paragraph 35(a) is.
                                                         10. 37.Variation
                                                         11. 38.Reviews
                                                         1. 39.Each local authority must make arrangements— (a) for persons to.
                                                         2. 40.(1) The appropriate authority may by regulations—
                                                         1. 41.Appointment of Independent Mental Capacity Advocate
                                                         2. 42.(1) The responsible body must take all reasonable steps to.
                                                         3. 43.(1) If the cared-for person has an appropriate person, the.
                                                         1. 44.(1) The appropriate authority may by regulations make provision for.
                                                         1. 45.Excluded arrangements
                                                         2. 46.Kinds of mental health arrangements
                                                         3. 47.This paragraph applies if— (a) P is subject to the.
                                                         4. 48.This paragraph applies if— (a) P is subject to the.
                                                         5. 49.This paragraph applies if P is subject to—
                                                         6. 50.(1) This paragraph applies if the following conditions are met.
                                                         7. 51.(1) This paragraph applies if the following conditions are met.
                                                         8. 52.(1) In determining whether P objects, regard must be had.
                                                         9. 53.Mental health arrangements: the hospital treatment regime
                                                         10. 54.Mental health arrangements: other definitions
                                                         11. 55.In “medical treatment for mental disorder”— (a) “medical treatment” has.
                                                         12. 56.A decision of a donee or deputy is valid if.
                                                         13. 57.Mental health requirements
                                                         1. 58.Until the repeal of section 324 of the Education Act.
                                                         1. Part 1 Making instruments
                                                            1. General requirements as to making instruments
                                                               1. 1.(1) An instrument is not made in accordance with this.
                                                               1. 2.(1) The instrument must include— (a) the prescribed information about.
                                                               1. 3.(1) If an instrument differs in an immaterial respect in.
                                                               1. Applications and procedure for registration
                                                                  1. 4.(1) An application to the Public Guardian for the registration.
                                                                  2. 5.Subject to paragraphs 11 to 14, the Public Guardian must.
                                                                  1. 6.(1) A donor about to make an application under paragraph.
                                                                  2. 7.As soon as is practicable after receiving an application by.
                                                                  3. 8.(1) As soon as is practicable after receiving an application.
                                                                  4. 9.(1) A notice under paragraph 6 must be made in.
                                                                  1. 10.The court may— (a) on the application of the donor.
                                                                  1. 11.(1) If it appears to the Public Guardian that an.
                                                                  1. 12.(1) Sub-paragraph (2) applies if it appears to the Public.
                                                                  1. 13.(1) Sub-paragraph (2) applies if a donee or a named.
                                                                  1. 14.(1) This paragraph applies if the donor—
                                                                  1. 15.Where an instrument is registered under this Schedule, the Public.
                                                                  1. 16.(1) A document purporting to be an office copy of.
                                                                  1. 17.(1) The Public Guardian must cancel the registration of an.
                                                                  2. 18.The court must direct the Public Guardian to cancel the.
                                                                  3. 19.(1) Sub-paragraph (2) applies if the court determines under section.
                                                                  4. 20.On the cancellation of the registration of an instrument, the.
                                                                  1. Partial revocation or suspension of power as a result of bankruptcy
                                                                     1. 21.If in the case of a registered instrument it appears.
                                                                     1. 22.If in the case of a registered instrument it appears.
                                                                     1. 23.If in the case of a registered instrument it appears.
                                                                     1. 24.If in the case of a registered instrument the court.
                                                                     1. 25.If the Public Guardian attaches a note to an instrument.
                                                                     1. Part 1 Ineligible persons
                                                                        1. Application
                                                                           1. 1.This Schedule applies for the purposes of—
                                                                           1. 2.A person (“P”) is ineligible to be deprived of liberty.
                                                                           1. 3.(1) This paragraph applies in cases B, C and D.
                                                                           1. 4.(1) This paragraph applies in cases B and C in.
                                                                           1. 5.(1) This paragraph applies in cases D and E in.
                                                                           1. Application
                                                                              1. 6.This Part applies for the purposes of this Schedule.
                                                                              1. 7.The mental health regimes are— (a) the hospital treatment regime.
                                                                              1. 8.(1) P is subject to the hospital treatment regime if.
                                                                              1. 9.P is subject to the community treatment regime if he.
                                                                              1. 10.P is subject to the guardianship regime if he is.
                                                                              1. 11.(1) An England and Wales enactment is an enactment which.
                                                                              1. 12.(1) P is within the scope of the Mental Health.
                                                                              1. 13.In a case where this Schedule applies for the purposes.
                                                                              2. 14.In a case where this Schedule applies for the purposes.
                                                                              3. 15.(1) This paragraph applies where the question whether a person.
                                                                              1. 16.(1) These expressions have the meanings given— “ donee ”.
                                                                              1. 17.(1) “ Hospital ” has the same meaning as in.
                                                                              1. Wills: general
                                                                                 1. 1.Paragraphs 2 to 4 apply in relation to the execution.
                                                                                 1. 2.The will may make any provision (whether by disposing of.
                                                                                 1. 3.(1) Sub-paragraph (2) applies if under section 16 the court.
                                                                                 1. 4.(1) This paragraph applies where a will is executed in.
                                                                                 1. 5.(1) If provision is made by virtue of section 18.
                                                                                 1. 6.(1) If a settlement has been made by virtue of.
                                                                                 1. 7.(1) Sub-paragraph (2) applies if the court is satisfied—
                                                                                 1. 8.(1) Sub-paragraphs (2) and (3) apply if—
                                                                                 2. 9.(1) Sub-paragraph (2) applies if the court has ordered or.
                                                                                 1. 10.(1) Any functions which P has as patron of a.
                                                                                 1. Part 1 Preliminary
                                                                                    1. Introduction
                                                                                       1. 1.This Part applies for the purposes of this Schedule.
                                                                                       1. 2.(1) “Convention” means the Convention referred to in section 63.
                                                                                       1. 3.(1) “Country” includes a territory which has its own system.
                                                                                       1. 4.(1) “Adult” means subject to sub-paragraph (2) a person who—.
                                                                                       1. 5.(1) “Protective measure” means a measure directed to the protection.
                                                                                       1. 6.(1) Any function under the Convention of a Central Authority.
                                                                                       1. Scope of jurisdiction
                                                                                          1. 7.(1) The court may exercise its functions under this Act.
                                                                                          2. 8.(1) The court may also exercise its functions under this.
                                                                                          1. 9.(1) This paragraph applies where jurisdiction is exercisable under this.
                                                                                          2. 10.A reference in this Schedule to the exercise of jurisdiction.
                                                                                          1. Applicable law
                                                                                             1. 11.In exercising jurisdiction under this Schedule, the court may, if.
                                                                                             2. 12.Where a protective measure is taken in one country but.
                                                                                             1. 13.(1) If the donor of a lasting power is habitually.
                                                                                             2. 14.(1) Where a lasting power is not exercised in a.
                                                                                             3. 15.Regulations may provide for Schedule 1 (lasting powers of attorney.
                                                                                             1. 16.(1) This paragraph applies where a person (a “representative”) in.
                                                                                             1. 17.Where the court is entitled to exercise jurisdiction under this.
                                                                                             1. 18.Nothing in this Part of this Schedule requires or enables.
                                                                                             1. Recognition
                                                                                                1. 19.(1) A protective measure taken in relation to an adult.
                                                                                                2. 20.(1) An interested person may apply to the court for.
                                                                                                3. 21.For the purposes of paragraphs 19 and 20, any finding.
                                                                                                1. 22.(1) An interested person may apply to the court for.
                                                                                                1. 23.(1) This paragraph applies where— (a) provision giving effect to.
                                                                                                1. 24.The court may not review the merits of a measure.
                                                                                                2. 25.Court of Protection Rules may make provision about an application.
                                                                                                1. Proposal for cross-border placement
                                                                                                   1. 26.(1) This paragraph applies where a public authority proposes to.
                                                                                                   2. 27.A proposal received by a public authority under Article 33.
                                                                                                   1. 28.(1) This paragraph applies if a public authority is told.
                                                                                                   2. 29.A public authority may not request from, or send to.
                                                                                                   1. Certificates
                                                                                                      1. 30.A certificate given under Article 38 by an authority in.
                                                                                                      1. 31.Her Majesty may by Order in Council confer on the.
                                                                                                      2. 32.(1) Regulations may make provision— (a) giving further effect to.
                                                                                                      1. 33.Nothing in this Schedule applies, and no provision made under.
                                                                                                      1. 34.A reference in this Schedule to regulations or an order.
                                                                                                      1. 35.The following provisions of this Schedule have effect only if.
                                                                                                      1. Part 1 Enduring powers of attorney
                                                                                                         1. Enduring power of attorney to survive mental incapacity of donor
                                                                                                            1. 1.(1) Where an individual has created a power of attorney.
                                                                                                            1. 2.(1) Subject to sub-paragraphs (5) and (6) and paragraph 20.
                                                                                                            1. 3.(1) If the instrument which creates an enduring power of.
                                                                                                            1. Duties of attorney in event of actual or impending incapacity of donor
                                                                                                               1. 4.(1) Sub-paragraphs (2) to (6) apply if the attorney under.
                                                                                                               1. Duty to give notice to relatives
                                                                                                                  1. 5.Subject to paragraph 7, before making an application for registration.
                                                                                                                  2. 6.(1) Subject to sub-paragraphs (2) to (4), persons of the.
                                                                                                                  3. 7.(1) An attorney is not required to give notice under.
                                                                                                                  1. 8.(1) Subject to sub-paragraph (2), before making an application for.
                                                                                                                  1. 9.A notice to relatives under this Part of this Schedule.
                                                                                                                  2. 10.A notice to the donor under this Part of this.
                                                                                                                  1. 11.(1) Subject to sub-paragraph (2), before making an application for.
                                                                                                                  1. 12.Despite section 7 of the Interpretation Act 1978 (c. 30).
                                                                                                                  1. Registration of instrument creating power
                                                                                                                     1. 13.(1) If an application is made in accordance with paragraph.
                                                                                                                     1. 14.The Public Guardian has the function of establishing and maintaining.
                                                                                                                     1. Effect and proof of registration
                                                                                                                        1. 15.(1) The effect of the registration of an instrument under.
                                                                                                                        1. 16.(1) Where an instrument has been registered under paragraph 13.
                                                                                                                        1. 17.The Public Guardian must cancel the registration of an instrument.
                                                                                                                        1. Protection of attorney and third persons where power is invalid or revoked
                                                                                                                           1. 18.(1) Sub-paragraphs (2) and (3) apply where an instrument which.
                                                                                                                           1. 19.(1) If— (a) an instrument framed in a form prescribed.
                                                                                                                           1. Application to joint and joint and several attorneys
                                                                                                                              1. 20.(1) An instrument which appoints more than one person to.
                                                                                                                              1. 21.(1) In paragraph 2(5), the reference to the time when.
                                                                                                                              1. 22.(1) In paragraph 2(7), the reference to the bankruptcy of.
                                                                                                                              1. 23.(1) In this Schedule— “enduring power” is to be construed.
                                                                                                                              1. Part 1 Repeal of Part 7 of the Mental Health Act 1983
                                                                                                                                 1. Existing receivers
                                                                                                                                    1. 1.(1) This paragraph applies where, immediately before the commencement day.
                                                                                                                                    1. 2.(1) Any order or appointment made, direction or authority given.
                                                                                                                                    1. 3.(1) Any application for the exercise of a power under.
                                                                                                                                    1. 4.(1) Part 7 of the Mental Health Act and the.
                                                                                                                                    1. 5.All fees and other payments which, having become due, have.
                                                                                                                                    1. 6.(1) The records of the former Court of Protection are.
                                                                                                                                    1. 7.This Act does not affect the operation in relation to.
                                                                                                                                    1. 8.Paragraph 8(1) of Schedule 2 applies in relation to any.
                                                                                                                                    1. 9.Court of Protection Rules may provide that, in a case.
                                                                                                                                    1. 10.In this Part of this Schedule— (a) “the commencement day”.
                                                                                                                                    1. Orders, determinations, etc.
                                                                                                                                       1. 11.(1) Any order or determination made, or other thing done.
                                                                                                                                       1. 12.(1) An application for the exercise of a power under.
                                                                                                                                       1. 13.(1) The 1985 Act and, so far as relevant, the.
                                                                                                                                       1. 14.(1) Section 2(8) of the 1985 Act (which prevents a.
                                                                                                                                       1. 15.In this Part of this Schedule, “the commencement day” means.
                                                                                                                                       1. Fines and Recoveries Act 1833 (c. 74)
                                                                                                                                          1. 1.(1) The Fines and Recoveries Act 1833 (c. 74) is.
                                                                                                                                          1. 2.In section 68 of the Improvement of Land Act 1864.
                                                                                                                                          1. 3.(1) The Trustee Act 1925 (c. 19) is amended as.
                                                                                                                                          1. 4.(1) The Law of Property Act 1925 (c. 20) is.
                                                                                                                                          1. 5.(1) The Administration of Estates Act 1925 (c. 23) is.
                                                                                                                                          1. 6.In section 49 of the National Assistance Act 1948 (c.
                                                                                                                                          1. 7.In section 1 of the U.S.A. Veterans' Pensions (Administration) Act.
                                                                                                                                          1. 8.In Schedule 2 to the Intestates' Estates Act 1952 (c.
                                                                                                                                          1. 9.In section 1 of the Variation of Trusts Act 1958.
                                                                                                                                          1. 10.In section 12(1)(b) of the Administration of Justice Act 1960.
                                                                                                                                          1. 11.In section 26 of the Industrial and Provident Societies Act.
                                                                                                                                          1. 12.In Schedule 1 to the Compulsory Purchase Act 1965 (c.
                                                                                                                                          1. 13.(1) For section 26(2) of the Leasehold Reform Act 1967.
                                                                                                                                          1. 14.In section 72 of the Medicines Act 1968 (c. 67).
                                                                                                                                          1. 15.For section 21(4) of the Family Law Reform Act 1969.
                                                                                                                                          1. 16.(1) Schedule 1 to the Local Authority Social Services Act.
                                                                                                                                          1. 17.In Part 1A of Schedule 2 to the Courts Act.
                                                                                                                                          1. 18.(1) Omit section 118 of the Local Government Act 1972.
                                                                                                                                          1. 19.In section 40 of the Matrimonial Causes Act 1973 (c.
                                                                                                                                          1. 20.In Schedule 1 to the Juries Act 1974 (c. 23).
                                                                                                                                          1. 21.For section 37(1)(c) of the Consumer Credit Act 1974 (c.
                                                                                                                                          1. 22.(1) The Solicitors Act 1974 (c. 47) is amended as.
                                                                                                                                          1. 23.In section 31 of the Local Government (Miscellaneous Provisions) Act.
                                                                                                                                          1. 24.In section 3(2) of the Sale of Goods Act 1979.
                                                                                                                                          1. 25.In section 38 of the Limitation Act 1980 (c. 58).
                                                                                                                                          1. 26.In section 57(2)(c) of the Public Passenger Vehicles Act 1981.
                                                                                                                                          1. 27.In Schedule 1 to the Judicial Pensions Act 1981 (c.
                                                                                                                                          1. 28.In Schedule 2 to the Supreme Court Act 1981 (c.
                                                                                                                                          1. 29.(1) The Mental Health Act is amended as follows.
                                                                                                                                          1. 30.In section 18(3) of the Administration of Justice Act 1985.
                                                                                                                                          1. 31.(1) The Insolvency Act 1986 (c. 45) is amended as.
                                                                                                                                          1. 32.In section 102D(9) of the Building Societies Act 1986 (c.
                                                                                                                                          1. 33.In section 3 of the Public Trustee and Administration of.
                                                                                                                                          1. 34.(1) The Patronage (Benefices) Measure 1986 (No. 3) is amended.
                                                                                                                                          1. 35.(1) The Courts and Legal Services Act 1990 (c. 41).
                                                                                                                                          1. 36.In section 50 of the Child Support Act 1991 (c.
                                                                                                                                          1. 37.In section 123 of the Social Security Administration Act 1992.
                                                                                                                                          1. 38.(1) The Judicial Pensions and Retirement Act 1993 (c. 8).
                                                                                                                                          1. 39.(1) For paragraph 4 of Schedule 2 to the Leasehold.
                                                                                                                                          1. 40.(1) The Goods Vehicles (Licensing of Operators) Act 1995 (c.
                                                                                                                                          1. 41.In section 20(7) of the Disability Discrimination Act 1995 (c.
                                                                                                                                          1. 42.(1) The Trusts of Land and Appointment of Trustees Act.
                                                                                                                                          1. 43.In section 4(5) of the Human Rights Act 1998 (c.
                                                                                                                                          1. 44.In paragraph 1 of Schedule 2 to the Access to.
                                                                                                                                          1. 45.In section 52(1)(a) of the Adoption and Children Act 2002.
                                                                                                                                          1. 46.(1) The Licensing Act 2003 (c. 17) is amended as.
                                                                                                                                          1. 47.(1) The Courts Act 2003 (c. 39) is amended as.