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Mental Capacity Act 2005

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Changes over time for: Section 53

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Changes to legislation:

Mental Capacity Act 2005, Section 53 is up to date with all changes known to be in force on or before 13 January 2025. 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

53Rights of appealE+W

This section has no associated Explanatory Notes

(1)Subject to the provisions of this section, an appeal lies to the Court of Appeal from any decision of the court.

[F1(2)Court of Protection Rules may provide that, where a decision of the court is made by a specified description of person, an appeal from the decision lies to a specified description of judge of the court and not to the Court of Appeal.]

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Court of Protection Rules may make provision—

(a)that, in such cases as may be specified, an appeal from a decision of the court may not be made without permission;

(b)as to the person or persons entitled to grant permission to appeal;

(c)as to any requirements to be satisfied before permission is granted;

(d)that where a F3... judge of the court makes a decision on an appeal, no appeal may be made to the Court of Appeal from that decision unless the Court of Appeal considers that—

(i)the appeal would raise an important point of principle or practice, or

(ii)there is some other compelling reason for the Court of Appeal to hear it;

(e)as to any considerations to be taken into account in relation to granting or refusing permission to appeal.

Textual Amendments

F1S. 53(2) substituted (12.2.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 62(2), 95(1)

F2S. 53(3) omitted (12.2.2015) by virtue of 2015 Criminal Justice and Courts Act 2015 (c. 2), ss. 62(3), 95(1)

F3Word in s. 53(4)(d) omitted (12.2.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 62(4), 95(1)

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