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Mental Capacity Act 2005
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Changes to legislation:
Mental Capacity Act 2005, Section 16A is up to date with all changes known to be in force on or before 24 December 2024. 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.
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Changes and effects yet to be applied to Section 16A:
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
16A[F1Section 16 powers: Mental Health Act patients etc]E+W
This section has no associated Explanatory Notes
[F1(1)If a person is ineligible to be deprived of liberty by this Act, the court may not include in a welfare order provision which authorises the person to be deprived of his liberty.
(2)If—
(a)a welfare order includes provision which authorises a person to be deprived of his liberty, and
(b)that person becomes ineligible to be deprived of liberty by this Act,
the provision ceases to have effect for as long as the person remains ineligible.
(3)Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order.
(4)For the purposes of this section—
(a)Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act;
(b)“welfare order” means an order under section 16(2)(a).]
Textual Amendments
F1S. 16A omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(a)
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