Search Legislation

Mental Capacity Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Mental Capacity Act 2005, Section 58 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

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):

58Functions of the Public GuardianE+W

This section has no associated Explanatory Notes

(1)The Public Guardian has the following functions—

(a)establishing and maintaining a register of lasting powers of attorney,

(b)establishing and maintaining a register of orders appointing deputies,

(c)supervising deputies appointed by the court,

(d)directing a Court of Protection Visitor to visit—

(i)a donee of a lasting power of attorney,

(ii)a deputy appointed by the court, or

(iii)the person granting the power of attorney or for whom the deputy is appointed (“P”),

and to make a report to the Public Guardian on such matters as he may direct,

(e)receiving security which the court requires a person to give for the discharge of his functions,

(f)receiving reports from donees of lasting powers of attorney and deputies appointed by the court,

(g)reporting to the court on such matters relating to proceedings under this Act as the court requires,

(h)dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising his powers,

(i)publishing, in any manner the Public Guardian thinks appropriate, any information he thinks appropriate about the discharge of his functions.

(2)The functions conferred by subsection (1)(c) and (h) may be discharged in co-operation with any other person who has functions in relation to the care or treatment of P.

[F1(2A)The Public Guardian also has the following functions—

(a)establishing and maintaining a register of guardianship orders,

(b)supervising guardians,

(c)receiving security which the court requires a guardian to give for the exercise of the guardian’s functions,

(d)receiving reports from guardians,

(e)reporting to the court on such matters relating to proceedings under the Guardianship (Missing Persons) Act 2017 as the court requires,

(f)dealing with representations (including complaints) about the way in which a guardian is exercising the guardian’s functions, and

(g)publishing, in any manner the Public Guardian thinks appropriate, information about the exercise of his or her functions in connection with guardians and guardianship orders.]

(3)The Lord Chancellor may by regulations make provision—

(a)conferring on the Public Guardian other functions in connection with this Act [F2or the Guardianship (Missing Persons) Act 2017];

(b)in connection with the discharge by the Public Guardian of his functions.

(4)Regulations made under subsection (3)(b) may in particular make provision as to—

(a)the giving of security by deputies appointed by the court [F3or guardians] and the enforcement and discharge of security so given;

(b)the fees which may be charged by the Public Guardian;

(c)the way in which, and funds from which, such fees are to be paid;

(d)exemptions from and reductions in such fees;

(e)remission of such fees in whole or in part;

(f)the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity.

[F4(g)the making of reports to the Public Guardian by guardians.]

(5)For the purpose of enabling him to carry out his functions [F5in relation to lasting powers of attorney or deputies], the Public Guardian may, at all reasonable times, examine and take copies of—

(a)any health record,

(b)any record of, or held by, a local authority and compiled in connection with a social services function, and

(c)any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14) [F6, Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016],

so far as the record relates to P.

(6)The Public Guardian may also for that purpose interview P in private.

[F7(7)In this section “guardian” and “guardianship order” have the same meaning as in the Guardianship (Missing Persons) Act 2017.]

Textual Amendments

F1S. 58(2A) inserted (27.4.2017 for specified purposes, 31.7.2019 in so far as not already in force) by Guardianship (Missing Persons) Act 2017 (c. 27), ss. 17(2), 25(2)(b) (with s. 18(5)); S.I. 2019/1032, reg. 3

F2Words in s. 58(3) inserted (27.4.2017 for specified purposes, 31.7.2019 in so far as not already in force) by Guardianship (Missing Persons) Act 2017 (c. 27), ss. 17(3), 25(2)(b) (with s. 18(5)); S.I. 2019/1032, reg. 3

F3Words in s. 58(4)(a) inserted (27.4.2017 for specified purposes, 31.7.2019 in so far as not already in force) by Guardianship (Missing Persons) Act 2017 (c. 27), ss. 17(4)(a), 25(2)(b) (with s. 18(5)); S.I. 2019/1032, reg. 3

F4S. 58(4)(g) inserted (27.4.2017 for specified purposes, 31.7.2019 in so far as not already in force) by Guardianship (Missing Persons) Act 2017 (c. 27), ss. 17(4)(b), 25(2)(b) (with s. 18(5)); S.I. 2019/1032, reg. 3

F5Words in s. 58(5) inserted (27.4.2017 for specified purposes, 31.7.2019 in so far as not already in force) by Guardianship (Missing Persons) Act 2017 (c. 27), ss. 17(5), 25(2)(b) (with s. 18(5)); S.I. 2019/1032, reg. 3

F7S. 58(7) inserted (27.4.2017 for specified purposes, 31.7.2019 in so far as not already in force) by Guardianship (Missing Persons) Act 2017 (c. 27), ss. 17(6), 25(2)(b) (with s. 18(5)); S.I. 2019/1032, reg. 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources