Part 3Miscellaneous and general

General

I164 Interpretation

1

In this Act—

  • the 1985 Act” means the Enduring Powers of Attorney Act 1985 (c. 29),

  • advance decision” has the meaning given in section 24(1),

  • F9authorisation under Schedule A1”means either—

    1. a

      a standard authorisation under that Schedule, or

    2. b

      an urgent authorisation under that Schedule.

  • the court” means the Court of Protection established by section 45,

  • Court of Protection Rules” has the meaning given in section 51(1),

  • Court of Protection Visitor” has the meaning given in section 61,

  • deputy” has the meaning given in section 16(2)(b),

  • enactment” includes a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

  • F8health record” has the same meaning as in the Data Protection Act 2018 (see section 205 of that Act);

  • the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 (c. 42),

  • independent mental capacity advocate” has the meaning given in section 35(1),

  • lasting power of attorney” has the meaning given in section 9,

  • life-sustaining treatment” has the meaning given in section 4(10),

  • local authorityF1, except in F5section 35(6A)(a) andF10Schedule A1F10Schedule AA1 , means—

    1. a

      the council of a county in England in which there are no district councils,

    2. b

      the council of a district in England,

    3. c

      the council of a county or county borough in Wales,

    4. d

      the council of a London borough,

    5. e

      the Common Council of the City of London, or

    6. f

      the Council of the Isles of Scilly,

  • Mental Health Act” means the Mental Health Act 1983 (c. 20),

  • prescribed”, in relation to regulations made under this Act, means prescribed by those regulations,

  • property” includes any thing in action and any interest in real or personal property,

  • public authority” has the same meaning as in the Human Rights Act 1998,

  • Public Guardian” has the meaning given in section 57,

  • purchaser” and “purchase” have the meaning given in section 205(1) of the Law of Property Act 1925 (c. 20),

  • social services functionF6

    1. a

      in relation to England has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),

    2. b

      F7in relation to Wales, has the meaning given in section 143 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

  • treatment” includes a diagnostic or other procedure,

  • trust corporation” has the meaning given in section 68(1) of the Trustee Act 1925 (c. 19), and

  • will” includes codicil.

2

In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.

3

In this Act, references to the bankruptcy of an individual include a case where a bankruptcy restrictions order under the Insolvency Act 1986 (c. 45) has effect in respect of him.

F33A

In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him.

4

Bankruptcy restrictions order” includes an interim bankruptcy restrictions order.

F44A

“Debt relief restrictions order” includes an interim debt relief restrictions order.

F25

In this Act, references to deprivation of a person's liberty have the same meaning as in Article 5(1) of the Human Rights Convention.

6

For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not.