SCHEDULES

SCHEDULE 9Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

Part 1Other amendments to Mental Capacity Act 2005

Section 64: Interpretation

10

1

Section 64 is amended as follows.

2

F1In subsection (1), insert at the appropriate place—

“authorisation under Schedule A1” means either—

a

a standard authorisation under that Schedule, or

b

an urgent authorisation under that Schedule.

3

F1In subsection (1), in the definition of “local authority” after “ “local authority”” insert “ , except in Schedule A1, ”.

4

After subsection (4) insert—

5

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.