Statutory Instruments
mental capacity
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).
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.
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
(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—
| Provision | Date of commencement | Application | |
|---|---|---|---|
| (a) | Sections 30 to 34 (in respect of any research carried out as part of a project begun on or after 1 October 2007). | 01.10.2007 | England |
| (b) | Sections 30 to 34 (for the purpose of enabling research applications to be made to, and determined by, an appropriate body). | 01.07.2007 | England |
| (c) | Sections 30 to 34 (where a research project has begun before 1 October 2007 and was approved before that date). | 01.10.2008 | England |
| (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). | 01.11.2006 | England |
| (e) | Sections 35 to 41 (fully into force). | 01.04.2007 | England |
| (f) | Sections 42(1), (2), (3), (6) and (7), 43 and 44 (fully into force). | 01.04.2007 | England and Wales |
| (g) | Sections 1 to 4, 42(4) and 42(5) (for purposes relating to the independent mental capacity advocate service). | 01.04.2007 | England |
| (h) | Sections 1 to 4, 42(4) and 42(5) (for the purposes of section 44). | 01.04.2007 | England and Wales |
| (i) | Section 64 (for the purposes of sections 1 to 4, 42, 43 and 44). | 01.04.2007 | England (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). | 01.10.2007 | Wales |
| (k) | Sections 30 to 34 (for the purpose of enabling research applications to be made to, and determined by, an appropriate body). | 01.07.2007 | Wales |
| (l) | Sections 30 to 34 (where a research project has begun before 1 October 2007 and was approved before that date). | 01.10.2008 | Wales |
| (m) | Section 35 to 41 (fully into force). | 01.10.2007 | Wales |
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.