http://www.legislation.gov.uk/ukpga/2005/9/contentsMental Capacity Act 2005An 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 Adults signed at the Hague on 13th January 2000; and for connected purposes.texttext/xmlenStatute Law Database2025-01-31Expert Participation2023-02-07 Mental Capacity Act 2005s. 58(4)(ca)Powers of Attorney Act 2023Sch. para. 10s. 3(5)Mental Capacity Act 2005s. 65(1)(c)Powers of Attorney Act 2023Sch. para. 11s. 3(5)Mental Capacity Act 2005Sch. 1 para. 4(1)(a)Powers of Attorney Act 2023Sch. para. 2(a)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 4(2)Powers of Attorney Act 2023Sch. para. 2(b)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 4(3)Powers of Attorney Act 2023Sch. para. 2(c)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 4APowers of Attorney Act 2023Sch. para. 3s. 3(5)Mental Capacity Act 2005Sch. 1 para. 5Powers of Attorney Act 2023Sch. para. 12(2)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 6Powers of Attorney Act 2023Sch. para. 4(1)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 7Powers of Attorney Act 2023Sch. para. 4(2)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 8Powers of Attorney Act 2023Sch. para. 4(3)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 9(1)Powers of Attorney Act 2023Sch. para. 12(3)(a)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 9(2)Powers of Attorney Act 2023Sch. para. 12(3)(b)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 10A and cross-headingPowers of Attorney Act 2023Sch. para. 6s. 3(5)Mental Capacity Act 2005Sch. 1 para. 11(1)Powers of Attorney Act 2023Sch. para. 12(4)(a)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 11(1)Powers of Attorney Act 2023Sch. para. 12(4)(b)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13(1)(a)Powers of Attorney Act 2023Sch. para. 12(5)(a)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13(2)Powers of Attorney Act 2023Sch. para. 12(5)(b)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13(3)(a)Powers of Attorney Act 2023Sch. para. 12(5)(c)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13(3)(b)Powers of Attorney Act 2023Sch. para. 7(1)(a)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13(4)Powers of Attorney Act 2023Sch. para. 7(1)(b)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13APowers of Attorney Act 2023Sch. para. 7(2)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 16(1)Powers of Attorney Act 2023Sch. para. 8(a)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 16(1A)Powers of Attorney Act 2023Sch. para. 8(b)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 16(2)Powers of Attorney Act 2023Sch. para. 8(c)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 14 and cross headingPowers of Attorney Act 2023Sch. para. 12(6)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 10 and cross-headingPowers of Attorney Act 2023Sch. para. 5s. 3(5)Mental Capacity Act 2005s. 21A and cross-headingMental Capacity (Amendment) Act 2019Sch. 2 para. 2(b)s. 6(3)Mental Capacity Act 2005s. 4BMental Capacity (Amendment) Act 2019s. 2s. 6(3)Mental Capacity Act 2005s. 4CMental Capacity (Amendment) Act 2019s. 1(3)s. 6(3)Mental Capacity Act 2005s. 16AMental Capacity (Amendment) Act 2019Sch. 2 para. 2(a)s. 6(3)Mental Capacity Act 2005s. 21ZA and cross-headingMental Capacity (Amendment) Act 2019s. 3s. 6(3)Mental Capacity Act 2005s. 35(1)Mental Capacity (Amendment) Act 2019Sch. 2 para. 3s. 6(3)Mental Capacity Act 2005s. 36(2)(a)Mental Capacity (Amendment) Act 2019Sch. 2 para. 4(2)s. 6(3)Mental Capacity Act 2005s. 36(2)(c)Mental Capacity (Amendment) Act 2019Sch. 2 para. 4(3)s. 6(3)Mental Capacity Act 2005s. 36(2)(da)Mental Capacity (Amendment) Act 2019Sch. 2 para. 4(4)s. 6(3)Mental Capacity Act 2005s. 38(2A)Mental Capacity (Amendment) Act 2019Sch. 2 para. 5(2)s. 6(3)Mental Capacity Act 2005s. 38(3)Mental Capacity (Amendment) Act 2019Sch. 2 para. 5(3)s. 6(3)Mental Capacity Act 2005s. 38(10)Mental Capacity (Amendment) Act 2019Sch. 2 para. 5(4)s. 6(3)Mental Capacity Act 2005s. 39(3A)Mental Capacity (Amendment) Act 2019Sch. 2 para. 6(2)s. 6(3)Mental Capacity Act 2005s. 39(4)Mental Capacity (Amendment) Act 2019Sch. 2 para. 6(3)s. 6(3)Mental Capacity Act 2005s. 39(7)Mental Capacity (Amendment) Act 2019Sch. 2 para. 6(4)s. 6(3)Mental Capacity Act 2005s. 39A-39EMental Capacity (Amendment) Act 2019Sch. 2 para. 7s. 6(3)Mental Capacity Act 2005s. 40(1)Mental Capacity (Amendment) Act 2019Sch. 2 para. 8(a)s. 6(3)Mental Capacity Act 2005s. 40(2)Mental Capacity (Amendment) Act 2019Sch. 2 para. 8(b)s. 6(3)Mental Capacity Act 2005s. 42(1)(fa)(fb)Mental Capacity (Amendment) Act 2019Sch. 2 para. 9(2)s. 6(3)Mental Capacity Act 2005s. 42(1A)Mental Capacity (Amendment) Act 2019s. 4(2)s. 6(3)Mental Capacity Act 2005s. 42(2A)(2B)Mental Capacity (Amendment) Act 2019s. 4(3)s. 6(3)Mental Capacity Act 2005s. 42(3)Mental Capacity (Amendment) Act 2019s. 4(4)s. 6(3)Mental Capacity Act 2005s. 42(4)(da)(db)Mental Capacity (Amendment) Act 2019Sch. 2 para. 9(3)s. 6(3)Mental Capacity Act 2005s. 50(1A)Mental Capacity (Amendment) Act 2019Sch. 2 para. 10s. 6(3)Mental Capacity Act 2005s. 64(1)Mental Capacity (Amendment) Act 2019Sch. 2 para. 11(a)s. 6(3)Mental Capacity Act 2005s. 64(1)Mental Capacity (Amendment) Act 2019Sch. 2 para. 11(b)s. 6(3)Mental Capacity Act 2005s. 65(4A)-(4C)Mental Capacity (Amendment) Act 2019Sch. 2 para. 12(3)s. 6(3)Mental Capacity Act 2005Sch. 1AMental Capacity (Amendment) Act 2019Sch. 2 para. 2(c)s. 6(3)Mental Capacity Act 2005Sch. A1Mental Capacity (Amendment) Act 2019Sch. 2 para. 2(c)s. 6(3) Mental Capacity Act 2005Part 1Persons who lack capacityThe principles1The principlesPreliminary2People who lack capacity3Inability to make decisions4Best interests4ARestriction on deprivation of liberty4BDeprivation of liberty necessary for life-sustaining treatment etc5Acts in connection with care or treatment6Section 5 acts: limitations7Payment for necessary goods and services8ExpenditureLasting powers of attorney9Lasting powers of attorney10Appointment of donees11Lasting powers of attorney: restrictions12Scope of lasting powers of attorney: gifts13Revocation of lasting powers of attorney etc.14Protection of donee and others if no power created or power revokedGeneral powers of the court and appointment of deputies15Power to make declarations16Powers to make decisions and appoint deputies: general16ASection 16 powers: Mental Health Act patients etc17Section 16 powers: personal welfare18Section 16 powers: property and affairs19Appointment of deputies20Restrictions on deputies21Transfer of proceedings relating to people under 18Powers of the court in relation to Schedule A121APowers of court in relation to Schedule A1Powers of the court in relation to lasting powers of attorney22Powers of court in relation to validity of lasting powers of attorney23Powers of court in relation to operation of lasting powers of attorneyAdvance decisions to refuse treatment24Advance decisions to refuse treatment: general25Validity and applicability of advance decisions26Effect of advance decisionsExcluded decisions27Family relationships etc.28Mental Health Act matters29Voting rightsResearch30Research31Requirements for approval32Consulting carers etc.33Additional safeguards34Loss of capacity during research projectIndependent mental capacity advocate service35Appointment of independent mental capacity advocates36Functions of independent mental capacity advocates37Provision of serious medical treatment by NHS body38Provision of accommodation by NHS body39Provision of accommodation by local authority39APerson becomes subject to Schedule A139BSection 39A: supplementary provision39CPerson unrepresented whilst subject to Schedule A139DPerson subject to Schedule A1 without paid representative39ELimitation on duty to instruct advocate under section 39D40Exceptions41Power to adjust role of independent mental capacity advocateMiscellaneous and supplementary42Codes of practice43Codes of practice: procedure44Ill-treatment or neglectPart 2The Court of Protection and the Public GuardianThe Court of Protection45The Court of Protection46The judges of the Court of ProtectionSupplementary powers47General powers and effect of orders etc.48Interim orders and directions49Power to call for reportsPractice and procedure50Applications to the Court of Protection51Court of Protection Rules52Practice directions53Rights of appealFees and costs54Fees55Costs56Fees and costs: supplementaryThe Public Guardian57The Public Guardian58Functions of the Public Guardian59Public Guardian Board60Annual reportCourt of Protection Visitors61Court of Protection VisitorsPart 3Miscellaneous and generalDeclaratory provision62Scope of the ActPrivate international law63International protection of adultsGeneral64 Interpretation65Rules, regulations and orders66Existing receivers and enduring powers of attorney etc.67Minor and consequential amendments and repeals68Commencement and extent69Short titleSCHEDULESSCHEDULE A1Hospital and care home residents: deprivation of libertyPart 1Authorisation to deprive residents of liberty etcApplication of Part1(1) This Part applies if the following conditions are met....Authorisation to deprive P of liberty2The managing authority of the hospital or care home may...No liability for acts done for purpose of depriving P of liberty3(1) This paragraph applies to any act which a person...No protection for negligent acts etc4(1) Paragraphs 2 and 3 do not exclude a person's...Part 2Interpretation: main termsIntroduction5This Part applies for the purposes of this Schedule. Detained resident6“ Detained resident ” means a person detained in a...Relevant person etc7In relation to a person who is, or is to...Authorisations8“ Standard authorisation ” means an authorisation given under Part...9“ Urgent authorisation ” means an authorisation given under Part...10“ Authorisation under this Schedule ” means either of the...11(1) The purpose of a standard authorisation is the purpose...Part 3The qualifying requirementsThe qualifying requirements12(1) These are the qualifying requirements referred to in this...The age requirement13The relevant person meets the age requirement if he has...The mental health requirement14(1) The relevant person meets the mental health requirement if...The mental capacity requirement15The relevant person meets the mental capacity requirement if he...The best interests requirement16(1) The relevant person meets the best interests requirement if...The eligibility requirement17(1) The relevant person meets the eligibility requirement unless he...The no refusals requirement18The relevant person meets the no refusals requirement unless there...19(1) There is a refusal if these conditions are met—...20(1) There is a refusal if it would be in...Part 4Standard authorisationsSupervisory body to give authorisation21Only the supervisory body may give a standard authorisation. 22The supervisory body may not give a standard authorisation unless—...23The managing authority may not make a request for a...Duty to request authorisation: basic cases24(1) The managing authority must request a standard authorisation in...Duty to request authorisation: change in place of detention25(1) The relevant managing authority must request a standard authorisation...26(1) This paragraph applies for the purposes of paragraph 25....Other authority for detention: request for authorisation27(1) This paragraph applies if, by virtue of section 4A(3),...Request refused: no further request unless change of circumstances28(1) This paragraph applies if— (a) a managing authority request...Authorisation given: request for further authorisation29(1) This paragraph applies if a standard authorisation— Power to request authorisation30(1) This paragraph applies if— (a) a standard authorisation has...Information included in request31A request for a standard authorisation must include the information...Records of requests32(1) The managing authority of a hospital or care home...Relevant person must be assessed33(1) This paragraph applies if the supervisory body are requested...Age assessment34An age assessment is an assessment of whether the relevant...Mental health assessment35A mental health assessment is an assessment of whether the...36When carrying out a mental health assessment, the assessor must...Mental capacity assessment37A mental capacity assessment is an assessment of whether the...Best interests assessment38A best interests assessment is an assessment of whether the...39(1) In carrying out a best interests assessment, the assessor...40(1) This paragraph applies whatever conclusion the best interests assessment...41Paragraphs 42 and 43 apply if the best interests assessment...42(1) The assessor must state in the assessment the maximum...43The assessor may include in the assessment recommendations about conditions...44(1) This paragraph applies if the best interests assessment comes...45The duties with which the best interests assessor must comply...Eligibility assessment46An eligibility assessment is an assessment of whether the relevant...47(1) Regulations may— (a) require an eligibility assessor to request...No refusals assessment48A no refusals assessment is an assessment of whether the...Equivalent assessment already carried out49(1) The supervisory body are not required by paragraph 33...Duty to give authorisation50(1) The supervisory body must give a standard authorisation if—...Terms of authorisation51(1) If the supervisory body are required to give a...52A standard authorisation may provide for the authorisation to come...53(1) A standard authorisation may be given subject to conditions....Form of authorisation54A standard authorisation must be in writing. 55(1) A standard authorisation must state the following things— 56(1) If the name of the relevant hospital or care...Duty to give information about decision57(1) This paragraph applies if— (a) a request is made...58(1) This paragraph applies if— (a) a request is made...Duty to give information about effect of authorisation59(1) This paragraph applies if a standard authorisation is given....Records of authorisations60A supervisory body must keep a written record of all...Variation of an authorisation61(1) A standard authorisation may not be varied except in...Effect of decision about request made under paragraph 25 or 3062(1) This paragraph applies where the managing authority request a...When an authorisation is in force63(1) A standard authorisation comes into force when it is...64(1) A standard authorisation ceases to be in force at...65(1) This paragraph applies if a standard authorisation ceases to...When a request for a standard authorisation is “disposed of”66A request for a standard authorisation is to be regarded...Right of third party to require consideration of whether authorisation needed67For the purposes of paragraphs 68 to 73 there is...68(1) If the following conditions are met, an eligible person...69(1) This paragraph applies if an eligible person requests the...70(1) Regulations may be made about the period within which...71(1) This paragraph applies if— (a) the supervisory body obtain...72(1) This paragraph applies if— (a) the supervisory body obtain...73(1) This paragraph applies if— (a) the supervisory body obtain...Part 5Urgent authorisationsManaging authority to give authorisation74Only the managing authority of the relevant hospital or care...75The managing authority may give an urgent authorisation only if...Duty to give authorisation76(1) The managing authority must give an urgent authorisation in...77(1) This paragraph applies where the managing authority have given...Terms of authorisation78(1) If the managing authority decide to give an urgent...Form of authorisation79An urgent authorisation must be in writing. 80An urgent authorisation must state the following things— 81(1) If the name of the relevant hospital or care...Duty to keep records and give copies82(1) This paragraph applies if an urgent authorisation is given....Duty to give information about authorisation83(1) This paragraph applies if an urgent authorisation is given....Request for extension of duration84(1) This paragraph applies if the managing authority make a...85(1) This paragraph applies if, under paragraph 84, the supervisory...86(1) This paragraph applies if, under paragraph 84, the supervisory...No variation87(1) An urgent authorisation may not be varied except in...When an authorisation is in force88An urgent authorisation comes into force when it is given....89(1) An urgent authorisation ceases to be in force at...90(1) This paragraph applies if an urgent authorisation ceases to...Part 6Eligibility requirement not met: suspension of standard authorisation91(1) This Part applies if the following conditions are met....92The managing authority of the relevant hospital or care home...93(1) This paragraph applies if the managing authority give the...94(1) This paragraph applies if, whilst the standard authorisation is...95(1) This paragraph applies if the managing authority give the...96(1) This paragraph applies if no notice is given under...97The effect of suspending the standard authorisation is that Part...Part 7Standard authorisations: change in supervisory responsibilityApplication of this Part98(1) This Part applies if these conditions are met. 99For the purposes of this Part there is a change...Effect of change in supervisory responsibility100(1) The new supervisory body becomes the supervisory body in...Part 8Standard authorisations: reviewApplication of this Part101(1) This Part applies if a standard authorisation— Review by supervisory body102(1) The supervisory body may at any time carry out...Request for review103(1) An eligible person may, at any time, request the...Grounds for review104(1) Paragraphs 105 to 107 set out the grounds on...Non-qualification ground105(1) Any of the following qualifying requirements is reviewable on...Change of reason ground106(1) Any of the following qualifying requirements is reviewable on...Variation of conditions ground107(1) The best interests requirement is reviewable on the ground...Notice that review to be carried out108(1) If the supervisory body are to carry out a...Starting a review109To start a review of the standard authorisation, the supervisory...No reviewable qualifying requirements110(1) This paragraph applies if no qualifying requirements appear to...One or more reviewable qualifying requirements111(1) This paragraph applies if one or more qualifying requirements...Review assessments112(1) A review assessment is an assessment of whether the...113(1) In carrying out a review assessment, the assessor must...Best interests requirement reviewable but non-assessable114(1) This paragraph applies in a case where— Best interests review assessment positive115(1) This paragraph applies in a case where— Mental health, mental capacity, eligibility or no refusals review assessment positive116(1) This paragraph applies if the following conditions are met....One or more review assessments negative117(1) This paragraph applies if one or more of the...Completion of a review118(1) The review of the standard authorisation is complete in...Variations under this Part119Any variation of the standard authorisation made under this Part...Notice of outcome of review120(1) When the review of the standard authorisation is complete,...Records121A supervisory body must keep a written record of the...Relationship between review and suspension under Part 6122(1) This paragraph applies if a standard authorisation is suspended...Relationship between review and request for new authorisation123(1) This paragraph applies if, in accordance with paragraph 24...124(1) This paragraph applies if— (a) a review under this...125In paragraphs 123 and 124— (a) the existing authorisation is...Part 9Assessments under this ScheduleIntroduction126This Part contains provision about assessments under this Schedule. 127An assessment under this Schedule is either of the following—...128In this Part, in relation to an assessment under this...Supervisory body to select assessor129(1) It is for the supervisory body to select a...130(1) This paragraph applies to regulations under paragraph 129(3). Examination and copying of records131An assessor may, at all reasonable times, examine and take...Representations132In carrying out an assessment under this Schedule, the assessor...Assessments to stop if any comes to negative conclusion133(1) This paragraph applies if an assessment under this Schedule...Duty to keep records and give copies134(1) This paragraph applies if an assessor has carried out...135(1) This paragraph applies to the supervisory body if they...136(1) This paragraph applies to the supervisory body if— Part 10Relevant person's representativeThe representative137In this Schedule the relevant person's representative is the person...138(1) Regulations may make provision about the selection and appointment...Supervisory body to appoint representative139(1) The supervisory body must appoint a person to be...140(1) The selection of a person for appointment under paragraph...141(1) Any appointment of a representative for a relevant person...Appointment regulations142Appointment regulations may provide that the procedure for appointing a...143(1) Appointment regulations may make provision about who is to...144(1) Appointment regulations may make provision about who may, or...145Appointment regulations may make provision about the formalities of appointing...146In a case where a best interests assessor is to...Monitoring of representatives147Regulations may make provision requiring the managing authority of the...Termination148Regulations may make provision about the circumstances in which the...149Regulations may make provision about the formalities of ending the...Suspension of representative's functions150(1) Regulations may make provision about the circumstances in which...Payment of representative151Regulations may make provision for payments to be made to,...Regulations under this Part152The provisions of this Part which specify provision that may...Effect of appointment of section 39C IMCA153Paragraphs 159 and 160 make provision about the exercise of...Part 11IMCAsApplication of Part154This Part applies for the purposes of this Schedule. The IMCAs155A section 39A IMCA is an independent mental capacity advocate...156A section 39C IMCA is an independent mental capacity advocate...157A section 39D IMCA is an independent mental capacity advocate...158An IMCA is a section 39A IMCA or a section...Section 39C IMCA: functions159(1) This paragraph applies if, and for as long as,...160(1) This paragraph applies if— (a) a person is appointed...Section 39A IMCA: restriction of functions161(1) This paragraph applies if— (a) there is a section...Part 12MiscellaneousMonitoring of operation of Schedule162(1) Regulations may make provision for, and in connection with,...163(1) Regulations may make provision for, and in connection with,...Disclosure of information164(1) Regulations may require either or both of the following...Directions by National Assembly in relation to supervisory functions165(1) The National Assembly for Wales may direct a Local...166(1) This paragraph applies where, under paragraph 165, a Local...167(1) Directions under paragraph 165 must be given in regulations....168The power under paragraph 165 or paragraph 166 to give...Notices169Any notice under this Schedule must be in writing. Regulations170(1) This paragraph applies to all regulations under this Schedule,...171It is for the Secretary of State to make regulations...172It is for the National Assembly for Wales to make...173(1) This paragraph applies to regulations under paragraph 183. Part 13InterpretationIntroduction174This Part applies for the purposes of this Schedule. Hospitals and their managing authorities175(1) “ Hospital ” means— (a) an NHS hospital, or...176(1) “ Managing authority ”, in relation to an NHS...177“ Managing authority ”, in relation to an independent hospital,...Care homes and their managing authorities178“Care home” means— (a) a care home in England within...179“ Managing authority ”, in relation to a care home,...Supervisory bodies: hospitals180(1) The identity of the supervisory body is determined under...181(1) The identity of the supervisory body is determined under...Supervisory bodies: care homes182(1) The identity of the supervisory body is determined under...Supervisory bodies: determination of place of ordinary residence183(1) Subsections (5) and (6) of section 24 of the...Same body managing authority and supervisory body184(1) This paragraph applies if, in connection with a particular...Interested persons185Each of the following is an interested person— 186(1) An interested person consulted by the best interests assessor...187Where this Schedule imposes on a person a duty towards...188The following table contains an index of provisions defining or...SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatmentPart 1Introductory and interpretationContents of this Schedule1In this Schedule— Part 1 (this Part) describes the arrangements...Arrangements this Schedule applies to2(1) This Schedule applies to arrangements— (a) for enabling the...Definitions3In this Schedule— “ Approved Mental Capacity Professional ” means...Local authority4(1) “ Local authority ” means— (a) in England— NHS hospital and independent hospital5(1) “ NHS hospital ” means— (a) a health service...Responsible body6(1) The responsible body, in relation to a cared-for person,...7(1) “ Hospital manager ”, in relation to an NHS...8In paragraph 6(1)(d) “ NHS continuing healthcare ” is to...9(1) In paragraph 6(1)(b), “ responsible local authority ”, in...10(1) In paragraph 6(1)(e), “ responsible local authority ”, in...11“ English responsible body ” means— (a) a hospital manager...12“ Welsh responsible body ” means— (a) a hospital manager...Part 2Authorisation of arrangementsThe authorisation conditions13The authorisation conditions are that— (a) the cared-for person lacks...Rights to information etc14(1) The following must publish information about authorisation of arrangements...15(1) Where arrangements are proposed, the responsible body must as...16(1) After authorising arrangements the responsible body must, without delay,...Authorisation17The responsible body may authorise arrangements— (a) under paragraph 18,...18The conditions in this paragraph are that— 19The conditions in this paragraph are that— 20(1) A statement for the purposes of paragraph 19(a) is...Determinations made on capacity and medical assessments21(1) The determinations required by this paragraph are— Determination that arrangements are necessary and proportionate22(1) The determination required by this paragraph is a determination...Consultation23(1) Consultation under this paragraph must be carried out— Pre-authorisation review24(1) A pre-authorisation review for the purposes of paragraph 18(e)...25(1) If the review is by an Approved Mental Capacity...26If the review is not by an Approved Mental Capacity...Authorisation record27(1) An authorisation record is a record relating to a...Part 3Duration, renewal, variation and review of authorisationTime for which authorisation has effect28(1) An authorisation has effect from the time at which...29(1) An authorisation ceases to have effect (if not renewed)—...Notification that arrangements have ceased to have effect30If an authorisation of arrangements ceases to have effect (in...Authorisation coming to an end early: arrangements to be treated as authorised31(1) This paragraph applies if an authorisation ceases to have...Renewal32(1) The responsible body may, on one or more occasions,...33The responsible body may renew an authorisation— 34The conditions in this paragraph are that— 35The conditions in this paragraph are that— 36(1) A statement for the purposes of paragraph 35(a) is...Variation37The responsible body may vary an authorisation if the responsible...Reviews38(1) In this paragraph “ the reviewer ” means the...Part 4Approved Mental Capacity Professionals39Each local authority must make arrangements— (a) for persons to...40(1) The appropriate authority may by regulations— Part 5Appointment of IMCAAppointment of Independent Mental Capacity Advocate41(1) Paragraphs 42 and 43 apply to the responsible body...42(1) The responsible body must take all reasonable steps to...43(1) If the cared-for person has an appropriate person, the...Part 6Monitoring and reporting44(1) The appropriate authority may by regulations make provision for,...Part 7Excluded arrangements: mental healthExcluded arrangements45This Schedule does not apply to arrangements if— Kinds of mental health arrangements46For the purposes of this Schedule arrangements in relation to...47This paragraph applies if— (a) P is subject to the...48This paragraph applies if— (a) P is subject to the...49This paragraph applies if P is subject to— 50(1) This paragraph applies if the following conditions are met....51(1) This paragraph applies if the following conditions are met....52(1) In determining whether P objects, regard must be had...Mental health arrangements: the hospital treatment regime53(1) P is subject to the hospital treatment regime if...Mental health arrangements: other definitions54In this Part— “ donee ” means a donee of...55In “medical treatment for mental disorder”— (a) “ medical treatment...56A decision of a donee or deputy is valid if...Mental health requirements57(1) In this Schedule “ mental health requirements ” means...Part 8Transitory provision58Until the repeal of section 324 of the Education Act...SCHEDULE 1Lasting powers of attorney: formalitiesPart 1Making instrumentsGeneral requirements as to making instruments1(1) An instrument is not made in accordance with this...Requirements as to content of instruments2(1) The instrument must include— (a) the prescribed information about...Failure to comply with prescribed form3(1) If an instrument differs in an immaterial respect in...Part 2RegistrationApplications and procedure for registration4(1) An application to the Public Guardian for the registration...5Subject to paragraphs 11 to 14, the Public Guardian must...Notification requirements6(1) A donor about to make an application under paragraph...7As soon as is practicable after receiving an application by...8(1) As soon as is practicable after receiving an application...9(1) A notice under paragraph 6 must be made in...Power to dispense with notification requirements10The court may— (a) on the application of the donor,...Instrument not made properly or containing ineffective provision11(1) If it appears to the Public Guardian that an...Deputy already appointed12(1) Sub-paragraph (2) applies if it appears to the Public...Objection by donee or named person13(1) Sub-paragraph (2) applies if a donee or a named...Objection by donor14(1) This paragraph applies if the donor— Notification of registration15Where an instrument is registered under this Schedule, the Public...Evidence of registration16(1) A document purporting to be an office copy of...Part 3Cancellation of registration and notification of severance17(1) The Public Guardian must cancel the registration of an...18The court must direct the Public Guardian to cancel the...19(1) Sub-paragraph (2) applies if the court determines under section...20On the cancellation of the registration of an instrument, the...Part 4Records of alterations in registered powersPartial revocation or suspension of power as a result of bankruptcy21If in the case of a registered instrument it appears...Termination of appointment of donee which does not revoke power22If in the case of a registered instrument it appears...Replacement of donee23If in the case of a registered instrument it appears...Severance of ineffective provisions24If in the case of a registered instrument the court...Notification of alterations25If the Public Guardian attaches a note to an instrument...SCHEDULE 1APersons ineligible to be deprived of liberty by this ActPart 1Ineligible personsApplication1This Schedule applies for the purposes of— Determining ineligibility2A person (“P”) is ineligible to be deprived of liberty...Authorised course of action not in accordance with regime3(1) This paragraph applies in cases B, C and D...Treatment for mental disorder in a hospital4(1) This paragraph applies in cases B and C in...P objects to being a mental health patient etc5(1) This paragraph applies in cases D and E in...Part 2InterpretationApplication6This Part applies for the purposes of this Schedule. Mental health regimes7The mental health regimes are— (a) the hospital treatment regime,...Hospital treatment regime8(1) P is subject to the hospital treatment regime if...Community treatment regime9P is subject to the community treatment regime if he...Guardianship regime10P is subject to the guardianship regime if he is...England and Wales enactments11(1) An England and Wales enactment is an enactment which...P within scope of Mental Health Act12(1) P is within the scope of the Mental Health...Authorised course of action, relevant care or treatment & relevant instrument13In a case where this Schedule applies for the purposes...14In a case where this Schedule applies for the purposes...15(1) This paragraph applies where the question whether a person...Expressions used in paragraph 516(1) These expressions have the meanings given— “ donee ”...Expressions with same meaning as in Mental Health Act17(1) “ Hospital ” has the same meaning as in...SCHEDULE 2Property and affairs: supplementary provisionsWills: general1Paragraphs 2 to 4 apply in relation to the execution...Provision that may be made in will2The will may make any provision (whether by disposing of...Wills: requirements relating to execution3(1) Sub-paragraph (2) applies if under section 16 the court...Wills: effect of execution4(1) This paragraph applies where a will is executed in...Vesting orders ancillary to settlement etc.5(1) If provision is made by virtue of section 18...Variation of settlements6(1) If a settlement has been made by virtue of...Vesting of stock in curator appointed outside England and Wales7(1) Sub-paragraph (2) applies if the court is satisfied— Preservation of interests in property disposed of on behalf of person lacking capacity8(1) Sub-paragraphs (2) and (3) apply if— 9(1) Sub-paragraph (2) applies if the court has ordered or...Powers as patron of benefice10(1) Any functions which P has as patron of a...SCHEDULE 3International protection of adultsPart 1PreliminaryIntroduction1This Part applies for the purposes of this Schedule. The Convention2(1) “Convention” means the Convention referred to in section 63....Countries, territories and nationals3(1) “Country” includes a territory which has its own system...Adults with incapacity4(1) “Adult” means subject to sub-paragraph (2) a person who—...Protective measures5(1) “Protective measure” means a measure directed to the protection...Central Authority6(1) Any function under the Convention of a Central Authority...Part 2Jurisdiction of competent authorityScope of jurisdiction7(1) The court may exercise its functions under this Act...8(1) The court may also exercise its functions under this...Exercise of jurisdiction9(1) This paragraph applies where jurisdiction is exercisable under this...10A reference in this Schedule to the exercise of jurisdiction...Part 3Applicable lawApplicable law11In exercising jurisdiction under this Schedule, the court may, if...12Where a protective measure is taken in one country but...Lasting powers of attorney, etc.13(1) If the donor of a lasting power is habitually...14(1) Where a lasting power is not exercised in a...15Regulations may provide for Schedule 1 (lasting powers of attorney:...Protection of third parties16(1) This paragraph applies where a person (a “representative”) in...Mandatory rules17Where the court is entitled to exercise jurisdiction under this...Public policy18Nothing in this Part of this Schedule requires or enables...Part 4Recognition and enforcementRecognition19(1) A protective measure taken in relation to an adult...20(1) An interested person may apply to the court for...21For the purposes of paragraphs 19 and 20, any finding...Enforcement22(1) An interested person may apply to the court for...Measures taken in relation to those aged under 1623(1) This paragraph applies where— (a) provision giving effect to,...Supplementary24The court may not review the merits of a measure...25Court of Protection Rules may make provision about an application...Part 5Co-operationProposal for cross-border placement26(1) This paragraph applies where a public authority proposes to...27A proposal received by a public authority under Article 33...Adult in danger etc.28(1) This paragraph applies if a public authority is told...29A public authority may not request from, or send to,...Part 6GeneralCertificates30A certificate given under Article 38 by an authority in...Powers to make further provision as to private international law31Her Majesty may by Order in Council confer on the...32(1) Regulations may make provision— (a) giving further effect to...Exceptions33Nothing in this Schedule applies, and no provision made under...Regulations and orders34A reference in this Schedule to regulations or an order...Commencement35The following provisions of this Schedule have effect only if...SCHEDULE 4Provisions applying to existing enduring powers of attorneyPart 1Enduring powers of attorneyEnduring power of attorney to survive mental incapacity of donor1(1) Where an individual has created a power of attorney...Characteristics of an enduring power of attorney2(1) Subject to sub-paragraphs (5) and (6) and paragraph 20,...Scope of authority etc. of attorney under enduring power3(1) If the instrument which creates an enduring power of...Part 2Action on actual or impending incapacity of donorDuties of attorney in event of actual or impending incapacity of donor4(1) Sub-paragraphs (2) to (6) apply if the attorney under...Part 3Notification prior to registrationDuty to give notice to relatives5Subject to paragraph 7, before making an application for registration...6(1) Subject to sub-paragraphs (2) to (4), persons of the...7(1) An attorney is not required to give notice under...Duty to give notice to donor8(1) Subject to sub-paragraph (2), before making an application for...Contents of notices9A notice to relatives under this Part of this Schedule...10A notice to the donor under this Part of this...Duty to give notice to other attorneys11(1) Subject to sub-paragraph (2), before making an application for...Supplementary12Despite section 7 of the Interpretation Act 1978 (c. 30)...Part 4RegistrationRegistration of instrument creating power13(1) If an application is made in accordance with paragraph...Register of enduring powers14The Public Guardian has the function of establishing and maintaining...Part 5Legal position after registrationEffect and proof of registration15(1) The effect of the registration of an instrument under...Functions of court with regard to registered power16(1) Where an instrument has been registered under paragraph 13,...Cancellation of registration by Public Guardian17The Public Guardian must cancel the registration of an instrument...Part 6Protection of attorney and third partiesProtection of attorney and third persons where power is invalid or revoked18(1) Sub-paragraphs (2) and (3) apply where an instrument which...Further protection of attorney and third persons19(1) If— (a) an instrument framed in a form prescribed...Part 7Joint and joint and several attorneysApplication to joint and joint and several attorneys20(1) An instrument which appoints more than one person to...Joint attorneys21(1) In paragraph 2(5), the reference to the time when...Joint and several attorneys22(1) In paragraph 2(7), the reference to the bankruptcy of...Part 8Interpretation23(1) In this Schedule— “enduring power” is to be construed...SCHEDULE 5Transitional provisions and savingsPart 1Repeal of Part 7 of the Mental Health Act 1983Existing receivers1(1) This paragraph applies where, immediately before the commencement day,...Orders, appointments etc.2(1) Any order or appointment made, direction or authority given...Pending proceedings3(1) Any application for the exercise of a power under...Appeals4(1) Part 7 of the Mental Health Act and the...Fees5All fees and other payments which, having become due, have...Court records6(1) The records of the former Court of Protection are...Existing charges7This Act does not affect the operation in relation to...Preservation of interests on disposal of property8Paragraph 8(1) of Schedule 2 applies in relation to any...Accounts9Court of Protection Rules may provide that, in a case...Interpretation10In this Part of this Schedule— (a) “the commencement day”...Part 2Repeal of the Enduring Powers of Attorney Act 1985Orders, determinations, etc.11(1) Any order or determination made, or other thing done,...Pending proceedings12(1) An application for the exercise of a power under...Appeals13(1) The 1985 Act and, so far as relevant, the...Exercise of powers of donor as trustee14(1) Section 2(8) of the 1985 Act (which prevents a...Interpretation15In this Part of this Schedule, “the commencement day” means...SCHEDULE 6Minor and consequential amendmentsFines and Recoveries Act 1833 (c. 74)1(1) The Fines and Recoveries Act 1833 (c. 74) is...Improvement of Land Act 1864 (c. 114)2In section 68 of the Improvement of Land Act 1864...Trustee Act 1925 (c. 19)3(1) The Trustee Act 1925 (c. 19) is amended as...Law of Property Act 1925 (c. 20)4(1) The Law of Property Act 1925 (c. 20) is...Administration of Estates Act 1925 (c. 23)5(1) The Administration of Estates Act 1925 (c. 23) is...National Assistance Act 1948 (c. 29)6In section 49 of the National Assistance Act 1948 (c....U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)7In section 1 of the U.S.A. Veterans' Pensions (Administration) Act...Intestates' Estates Act 1952 (c. 64)8In Schedule 2 to the Intestates' Estates Act 1952 (c....Variation of Trusts Act 1958 (c. 53)9In section 1 of the Variation of Trusts Act 1958...Administration of Justice Act 1960 (c. 65)10In section 12(1)(b) of the Administration of Justice Act 1960...Industrial and Provident Societies Act 1965 (c. 12)11In section 26 of the Industrial and Provident Societies Act...Compulsory Purchase Act 1965 (c. 56)12In Schedule 1 to the Compulsory Purchase Act 1965 (c....Leasehold Reform Act 1967 (c. 88)13(1) For section 26(2) of the Leasehold Reform Act 1967...Medicines Act 1968 (c. 67)14In section 72 of the Medicines Act 1968 (c. 67)...Family Law Reform Act 1969 (c. 46)15For section 21(4) of the Family Law Reform Act 1969...Local Authority Social Services Act 1970 (c. 42)16(1) Schedule 1 to the Local Authority Social Services Act...Courts Act 1971 (c. 23)17In Part 1A of Schedule 2 to the Courts Act...Local Government Act 1972 (c. 70)18(1) Omit section 118 of the Local Government Act 1972...Matrimonial Causes Act 1973 (c. 18)19In section 40 of the Matrimonial Causes Act 1973 (c....Juries Act 1974 (c. 23)20In Schedule 1 to the Juries Act 1974 (c. 23)...Consumer Credit Act 1974 (c. 39)21For section 37(1)(c) of the Consumer Credit Act 1974 (c....Solicitors Act 1974 (c. 47)22(1) The Solicitors Act 1974 (c. 47) is amended as...Local Government (Miscellaneous Provisions) Act 1976 (c. 57)23In section 31 of the Local Government (Miscellaneous Provisions) Act...Sale of Goods Act 1979 (c. 54)24In section 3(2) of the Sale of Goods Act 1979...Limitation Act 1980 (c. 58)25In section 38 of the Limitation Act 1980 (c. 58)...Public Passenger Vehicles Act 1981 (c. 14)26In section 57(2)(c) of the Public Passenger Vehicles Act 1981...Judicial Pensions Act 1981 (c. 20)27In Schedule 1 to the Judicial Pensions Act 1981 (c....Supreme Court Act 1981 (c. 54)28In Schedule 2 to the Supreme Court Act 1981 (c....Mental Health Act 1983 (c. 20)29(1) The Mental Health Act is amended as follows. Administration of Justice Act 1985 (c. 61)30In section 18(3) of the Administration of Justice Act 1985...Insolvency Act 1986 (c. 45)31(1) The Insolvency Act 1986 (c. 45) is amended as...Building Societies Act 1986 (c. 53)32In section 102D(9) of the Building Societies Act 1986 (c....Public Trustee and Administration of Funds Act 1986 (c. 57)33In section 3 of the Public Trustee and Administration of...Patronage (Benefices) Measure 1986 (No.3)34(1) The Patronage (Benefices) Measure 1986 (No. 3) is amended...Courts and Legal Services Act 1990 (c. 41)35(1) The Courts and Legal Services Act 1990 (c. 41)...Child Support Act 1991 (c. 48)36In section 50 of the Child Support Act 1991 (c....Social Security Administration Act 1992 (c. 5)37In section 123 of the Social Security Administration Act 1992...Judicial Pensions and Retirement Act 1993 (c. 8)38(1) The Judicial Pensions and Retirement Act 1993 (c. 8)...Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)39(1) For paragraph 4 of Schedule 2 to the Leasehold...Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)40(1) The Goods Vehicles (Licensing of Operators) Act 1995 (c....Disability Discrimination Act 1995 (c. 50)41In section 20(7) of the Disability Discrimination Act 1995 (c....Trusts of Land and Appointment of Trustees Act 1996 (c. 47)42(1) The Trusts of Land and Appointment of Trustees Act...Human Rights Act 1998 (c. 42)43In section 4(5) of the Human Rights Act 1998 (c....Access to Justice Act 1999 (c. 22)44In paragraph 1 of Schedule 2 to the Access to...Adoption and Children Act 2002 (c. 38)45In section 52(1)(a) of the Adoption and Children Act 2002...Licensing Act 2003 (c. 17)46(1) The Licensing Act 2003 (c. 17) is amended as...Courts Act 2003 (c. 39)47(1) The Courts Act 2003 (c. 39) is amended as...SCHEDULE 7Repeals2005 c. 9An 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 Adults signed at the Hague on 13th January 2000; and for connected purposes.[7th April 2005]Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Act applied (E.W.) (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), ss. 80(2), 127(1); S.I. 2015/993, art. 2(u) (with transitional provisions in S.I. 2015/995