Mental Capacity Act 2005, Paragraph 4 is up to date with all changes known to be in force on or before 04 March 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.
4[F1(1)]“Adult” means [F2subject to sub-paragraph (2)] a person who—E+W
(a)as a result of an impairment or insufficiency of his personal faculties, cannot protect his interests, and
(b)has reached 16.
[F3(2)But “adult” does not include a child to whom F4... the following applies—
(a)the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Sch. 3 para. 4 renumbered as Sch. 3 para. 4(1) (1.11.2012 in accordance with reg. 1(2) of the amending S.I.) by virtue of The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 17, Sch. para. 10(b)
F2Words in Sch. 3 para. 4 inserted (1.11.2012 in accordance with reg. 1(2) of the amending S.I.) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 17, Sch. para. 10(a)
F3Sch. 3 para. 4(2) inserted (1.11.2012 in accordance with reg. 1(2) of the amending S.I.) by The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 17, Sch. para. 10(b)
F4Words in Sch. 3 para. 4(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 26(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F5Sch. 3 para. 4(2)(b) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 26(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
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