Search Legislation

Advanced Search

The Mental Capacity Act 2005 (Commencement No. 2) Order 2007

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2007 No. 1897(C. 72)

mental capacity

The Mental Capacity Act 2005 (Commencement No. 2) Order 2007

Made

22nd June 2007

The Lord Chancellor makes the following Order, in exercise of the powers conferred upon him by section 68(1) and (3) of the Mental Capacity Act 2005(1).

Citation, application and interpretation

1.—(1) This Order may be cited as the Mental Capacity Act 2005 (Commencement No. 2) Order 2007.

(2) In this Order, “the Act” means the Mental Capacity Act 2005.

Appointed day

2.—(1) The following provisions of the Act come into force on 1 October 2007—

(a)sections 5 to 29;

(b)sections 45 to 63;

(c)sections 65 to 69; and

(d)Schedules 1 to 7.

(2) The following provisions of the Act, which have already been commenced for limited purposes(2), come into force on 1 October 2007 for all purposes—

(a)section 1 (principles);

(b)section 2 (people who lack capacity);

(c)section 3 (inability to make decisions);

(d)section 4 (best interests);

(e)sections 42(4) and (5) (codes of practice); and

(f)section 64 (interpretation).

Signed by authority of the Lord Chancellor

Catherine Ashton

Parliamentary Under-Secretary of State

Ministry of Justice

22nd June 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fourth commencement order under the Mental Capacity Act 2005.

The Mental Capacity Act 2005 (Commencement No. 1) Order (2006/2814) (as amended by S.I. 2006/3473), the Mental Capacity Act 2005 (Commencement No. 1) (England and Wales) Order (2007/563) and the Mental Capacity Act 2005 (Commencement) (Wales) Order (2007/856) brought or will bring provisions of the Act into force as follows—

ProvisionDate of commencementApplication
(a)Sections 30 to 34 (in respect of any research carried out as part of a project begun on or after 1 October 2007).01.10.2007England
(b)Sections 30 to 34 (for the purpose of enabling research applications to be made to, and determined by, an appropriate body).01.07.2007England
(c)Sections 30 to 34 (where a research project has begun before 1 October 2007 and was approved before that date).01.10.2008England
(d)Sections 35 to 41 (to enable the Secretary of State for Health to make arrangements to make independent mental capacity advocates available and to enable local authorities to approve independent mental capacity advocates).01.11.2006England
(e)Sections 35 to 41 (fully into force).01.04.2007England
(f)Sections 42(1), (2), (3), (6) and (7), 43 and 44 (fully into force).01.04.2007England and Wales
(g)Sections 1 to 4, 42(4) and 42(5) (for purposes relating to the independent mental capacity advocate service).01.04.2007England
(h)Sections 1 to 4, 42(4) and 42(5) (for the purposes of section 44).01.04.2007England and Wales
(i)Section 64 (for the purposes of sections 1 to 4, 42, 43 and 44).01.04.2007England (g), England and Wales (f) and (h).
(j)Sections 30 to 34 (in respect of any research carried out as part of a project begun on or after 1 October 2007).01.10.2007Wales
(k)Sections 30 to 34 (for the purpose of enabling research applications to be made to, and determined by, an appropriate body).01.07.2007Wales
(l)Sections 30 to 34 (where a research project has begun before 1 October 2007 and was approved before that date).01.10.2008Wales
(m)Section 35 to 41 (fully into force).01.10.2007Wales

This Order brings into force on 1 October 2007 those provisions of the Mental Capacity Act 2005 (sections 5 to 29, 45 to 63, 65 to 69 and Schedules 1 to 7) which are not already in force.

This Order also brings into force on 1 October 2007 for all purposes those sections of the Mental Capacity Act 2005 (sections 1 to 4, 42(4), 42(5) and 64) which have already been commenced for limited purposes only.

Back to top

Options/Help

Print Options

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

Opening Options

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

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

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 made 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